IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WP(C).No. 10036 of 2009(Y) -------------------------- PETITIONER(S): --------------- SANTHOSHJI, S/O.LATE KUNJU PILLAY THENGUVILA VEEDU AMBALAKKA MURI, VALAKAM VILLAGE (OOMMANNOOR VILLAGE) KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN RESPONDENT(S): --------------- 1. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, KOTTARAKKARA ELECTRICAL DIVISIION, P.O.KOTTARAKKARA 691 506. 2. C.GEORGE, S/O. CHONA, MULAMOOTTIL SAROJ VILLA, P.O.CHADAYAMANGALAM 691 534. 3. SUJITH GEORGE, S/O.CHONA MULAMOOTTIL SAROJ VILLA, P.O.CHADAYAMANGALAM 691 534. 4. SAJI DANIEL, S/O.DANIEL, MULAMOOTTIL HOUSE, AYUR MURI, P.O.EDAMULAKKAL 691 321, KOLLAM DISTRICT. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 SRI.T.K.MARTHANDAN UNNITHAN FOR R2 & 4 SRI.V.JAYAKUMAR FOR R2 & 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 10036/09. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE PETITION TO THE EXE. ENGINEER. P2. COPY OF THE NOTICE SENT BY EXE. ENGINEER. P3. COPY OF THE REPLY TO EXE. ENGINEER. P4. COPY OF THE NOTICE FROM THE SUB COURT. P5. COPY OF THE JUDGMENT IN LAR NO.11/2005 OF SUB COURT, KOTTARAKKARA. P6. COPY OF THE LETTER BY THE SPECIAL TAHSILDAR TO SUB COURT, KOTTARAKKARA. P7. COPY OF THE B DIARY OF SUB COURT, KOTTARAKKARA, IN LAR NO.11/05. RESPONDENT(S)' EXHIBITS: R2A. COPY OF THE SALE DEED. “B COPY OF THE SALE DEED DTD.28.7.03. “C. COPY OF THE SALE DEED DTD.12.10.2006. “D. COPY OF THE TAX RECEIPT DTD.11.10.2006. “E. COPY OF THE TAX RECEIPT DTD.11.10.2006. “F. COPY OF THE POSSESSION CERTIFICATE DTD.7.12.2006. “G. COPY OF THE POSSESSION CERTIFICATE DTD.7.12.2006. “H. COPY OF THE RECEIPT DTD.28.8.2003. “I. COPY OF THE NOTIFICATION DTD.4.1.2006 IN MALAYALA MANORAMA. “J. COPY OF THE JUDGMENT IN W.P.(C).No. 26323/05 OF THIS COURT. “K. COPY OF THE ORDER DTD.3.4.2006 OF THIS COURT IN I.A.NO.4363/2006 IN W.P.(C).No. 26323/05. “L. COPY OF THE REPORT DTD.27.7.06 BY THE PROCESS SERVER IN LAR NO.11/05 OF THE SUB COURT, KOTTARAKKARA. “M. COPY OF THE LETTER DTD.23.8.2006 FROM THE KSEB. “N. COPY OF THE LETTER DTD.7.6.2008 FROM THE KSEB. “O. COPY OF THE RECEIPT DTD.16.6.08 FROM THE KSEB. “P. COPY OF THE ORDER DTD.25.4.09 BY THE EXE. ENGINEER. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).Nos.10036 & 27809 of 2009 ================== Dated this the 20th day of October, 2009 J U D G M E N T These two writ petitions are filed by rival claimants for ownership of a property, in which there is a transformer. The property originally belonged to the petitioner in W.P.(C).No.10036/2009. He executed two sale deeds in favour of the petitioner in W.P.(C).No.27809/2009, which, according to the petitioner in W.P.(C).No.10036/2009, were not actual sale deeds, but only executed as security for certain amounts received by him from the petitioner in W.P.(C).No.27809/2009 on condition that as and when the debt is cleared, the properties would be reconveyed to the petitioner in W.P.(C).No.10036/2009. In respect of the same, he filed O.S.No.458/2003 for injunction against the petitioner in the other writ petition. That was dismissed by the Munsiff's Court, Kottarakkara. Against the same, A.S.No.276/2005 is pending before the Sub Court, Kottarakkara. While so, he filed another suit, O.S.No.313/2008 before the Sub Court, Kottarakkara, for declaration of his title to the property which is also pending. W.P.(C). No. 10036/2009 was filed challenging the attempt on the part of the petitioner in the other writ petition to shift a transformer situated in the property to another part of the property. In that writ petition this Court by order dated 8.4.2009 directed the Executive Engineer of the KSEB to take a decision on Ext.P3 filed by the petitioner in W.P.(C).No. 10036/2009. Pursuant thereto, the Executive Engineer passed an order dated 25.4.2009 holding that since the question of ownership of 2 the property is pending adjudication in the civil court, the Electricity Board cannot take up the work of shifting of the transformer. It is under the above circumstances, the petitioner in W.P.(C).No. 27809/2009 filed that writ petition seeking a direction to the Executive Engineer, KSEB, Kottarakkara Electrical Division to shift the transformer from the existing place to the place to which it was proposed to be shifted as mentioned in Ext.P5 order. 2. I have considered the rival contentions in detail. 3. I am of opinion that neither petitioner in the two writ petitions would be prejudiced if the transformer is shifted to a corner of the property without affecting the rights of either party in the litigation pending in respect of the property in question. In the above circumstances, these two writ petitions are disposed of with the following directions: The Executive Engineer, Kerala State Electricity Board, Kottarakkara Electrical Division, shall take appropriate steps to shift the transformer in the property in question to the place already proposed by the Board as expeditiously as possible, at any rate, within one month from the date of payment of any charges payable by the petitioner in W.P.(C).No.27809/2009, in addition to what he has already paid, for which the Executive Engineer shall issue a communication to the petitioner within one week. I make it clear that such shifting at the instance of the petitioner in W.P.(C). 3 No.27809/2009 will not confer any right whatsoever on him in respect of the dispute pending before the Sub Court, Kottarakkara in A.S.No.276/2005 and O.S.No.313/ 2008. As far as the dispute regarding the property in question is concerned the parties shall agitate their dispute before the Sub Court. The Sub Court, Kottarakkara shall dispose of A.S.No.276/2005 and O.S.No.313/2008 as expeditiously as possible, at any rate, within six months from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge