Smt Diana B Coelho vs The Deputy Commissioner on 3 February, 2016

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Karnataka High Court

Smt Diana B Coelho vs The Deputy Commissioner on 3 February, 2016

Bench: Ravi Malimath

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU


    DATED THIS THE 3RD DAY OF FEBRUARY, 2016


                     PRESENT


    THE HON' BLE MR. SUBHRO KAMAL MUKHERJEE,
               ACTING CHIEF JUSTICE

                       AND

      THE HON'BLE MR. JUSTICE RAVI MALIMATH


   WRIT APPEAL NOS.6421-6422 OF 2013(GM-KEB)


BETWEEN:

  1. SMT.DIANA B.COELHO
     AGED MAJOR,
     W/O LATE SRI I.R.COELHO

  2. SMT.CARMAN COELHO
     AGED MAJOR,
     D/O LATE SRI I.R.COELHO

    BOTH ARE RESIDING AT
    NO.567, 16TH 'A' MAIN,
    3RD BLOCK,
    KORAMANGALA,
    BENGALURU - 560 034.

    BOTH ARE REPRESENTED BY THEIR
    GENERAL POWER OF ATTORNEY HOLDER,
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       SRI E.J.COELHO,
       S/O LATE SRI G.J.COELHO,
       AGED ABOUT 74 YEARS,
       RESIDING AT SILVER
       CLOUD ESTATE,
       GUDALUR - 643 211.           ... APPELLANTS

(BY SRI:K.KRISHNA, ADVOCATE FOR
SRI MOHAMMED AKHIL, ADVOCATE)


AND:

  1. THE DEPUTY COMMISSIONER
     MYSURU DISTRICT,
     MYSURU - 570 001.

  2. THE EXECUTIVE ENGINEER
     MAJOR, WORKS DIVISION,
     KARNATAKA POWER TRANSMISSION,
     CORPORATION LIMITED (KPTCL),
     F.T.S.CIRCLE,
     N.R.MOHALLA,
     MYSURU - 570 001.            ... RESPONDENTS

                         *****

       THESE WRIT APPEALS ARE FILED UNDER SECTION 4
OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET
ASIDE THE ORDER PASSED IN THE WRIT PETITION
NO.3500-3501/2012 DATED 2.8.2013.
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      THESE APPEALS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, Acting Chief Justice, MADE THE
FOLLOWING:


                     JUDGMENT

These writ appeals are barred by limitation.

2. Nevertheless, on the invitation of Mr. K. Krishna, learned advocate appearing for the appellants, the matter is taken up for preliminary hearing, as the appeal is of the year 2013.

3. The appellants - writ petitioners objected to the execution of the project work of drawing of power lines on their lands.

4. Earlier an order was passed under the Indian Post and Telegraph Act, 1885. The writ petitioners wanted to put in their views.

5. Consequently, this Court, by order dated June 30, 2011, in Writ Petition No.22406 of 2011, granted liberty to the writ petitioners to make representation before the respondent No.1 and directed the respondent No.1 to consider the representation.

6. The respondent No.1 considered the objections in the background of the report of the joint inspection conducted on April 11, 2012.

7. The Hon'ble Single Judge was of the opinion that the decision taken by the respondent No.1 was neither perverse nor illegal. The Hon'ble Single Judge is right in observing that alignment of HT power lines could not be changed to suit individual property owner.

8. We do not find any merit in these writ appeals. 5

9. The application for condonation of delay in filing these writ appeals is dismissed. Consequently, the writ appeals are dismissed.

10. We make no order as to costs.

SD/-

ACTING CHIEF JUSTICE SD/-

JUDGE JJ

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