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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SOUMEN SEN, CJ, SYAM KUMAR V.M., J
GOPALAKRISHNAN.K. – Appellant
Versus
ADDITIONAL DISTRICT MAGISTRATE, KASARAGOD – Respondent
| Table of Content |
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| 1. background of notices and prior proceedings for line laying. (Para 2 , 3 , 4) |
| 2. rejection of alternative routes due to greater public loss. (Para 5 , 6 , 7) |
| 3. limited judicial review defers to expert public interest decisions. (Para 8 , 9 , 10) |
2. This appeal arises out of an order passed by the learned Single Judge on 30th January 2026 in W.P.(C) No. 17587 of 2025, filed by the writ petitioner challenging an order dated 28th April 2025 issued by the first respondent, directing the drawing of a 110 kV line through the middle of the petitioner’s property. The petitioner is the son of the person in possession of 4.62 acres of land, which contains arecanut, coconut, and other plantations.
3. The 2nd respondent issued a notice (Ext.P1) to the late brother of the writ petitioner under Section 164 read with Section 185(2)(a) of the Indian Electricity Act, 2003 and the Indian Telegraph Act, (XXXIII) of 1985. It is stated in the notice that the buildings and standing trees situated in R.S.
Nos.143 and 148 of Kolathur Village would be removed for the construction of the 110 KV DC line to Kuttikkol Sub- station within seven days from the date of the notice. It is further s
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