This writ appeal concerned the relocation of a transformer causing nuisance to the appellant's property. The High Court modified the lower court judgment, directing the ADM to inspect and relocate the transformer if possible, with a 10-day delay in charging.
Direction to ADM to conduct local inspection and relocate transformer; KSEB to delay charging for 10 days.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR &
THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
FRIDAY, THE 23RD DAY OF MARCH 2012/3RD CHAITHRA 1934
WA.No. 585 of 2012 () IN WPC/23648/2011
AGAINST THE ORDER/JUDGMENT IN WPC.23648/2011 DATED 01-03-2012
APPELLANT(S)/IST PETITIONER:
PHILOMINA POULOSE
AGED 51 YEARS, W/O.POULOSE, PLACKAL HOUSE ATTUPURAM, AYIROOR P.O., ERNAKULAM DISTRICT.
BY ADVS.SRI.P.P.THAJUDEEN SMT.P.B.WAHIDA
SMT.C.SEENA
RESPONDENT(S)/RESPONDENTS & SECOND PETITIONER:
1. KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY 695007.
2. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE ALUVA-683101.
3. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION CHENGAMANADU, 683574.
4. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION CHENGAMANAD, 683574.
5. THE ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM - 682011.
6. JOSE PLACKAL, AGED 33 YEARS, S/O.POULOSE, ATTUPURAM AYIROOR P.O., ERNAKULAM DISTRICT - 683 575.
R1 TO R4 BY MR.P.SANTHALINGAM, SC, KSEB SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB R6 BY MR.RAMAN KARTHA
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.N.RAMACHANDRAN NAIR & BABU MATHEW P. JOSEPH, JJ.
W.A.No.585 of 2012
Dated this the 23rd day of March, 2012.
J U D G M E N T
Ramachandran Nair, J.
Grievance raised by the appellant is about the nuisance caused by a transformer installed on the road side by the KSEB partly protruding into the appellant's property. Learned Standing Counsel submitted that the appellant before coming to the Court caused physical obstruction and through Police assistance transformer was installed. Though the transformer is already installed, we feel if it can be relocated without causing any inconvenience whatsoever not only to the appellant or to any other land owner, the same should be done. We feel the matter can be referred to the ADM for considering whether alternate location is possible without affecting anyone else. The appellant can also point out nearby vacant or puramboke land or a suitable location to the ADM.
W.A.No.585/2012
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to the ADM to hear the appellant and the Assistant Executive Engineer, conduct local inspection and relocate transformer, if possible. The KSEB will delay charging of the transformer by 10 days within which time the ADM will decide the matter.
The appellant will produce copy of the judgment before the ADM and take notice and appear for hearing, so that reinstallation of the transformer to another location, if possible; or otherwise charging of the transformer is not delayed.
This Writ Appeal is disposed of as above.
(C.N.RAMACHANDRAN NAIR, JUDGE)
(BABU MATHEW P. JOSEPH, JUDGE)
jg
2 issues framed by the court
Whether the transformer causing nuisance to the appellant can be relocated to an alternative location.
Whether the Acting District Magistrate should be directed to hear the appellant and inspect for relocation possibilities.
PHILOMINA POULOSE
KERALA STATE ELECTRICITY BOARD
C.N. RAMACHANDRAN NAIR
BABU MATHEW P. JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
