WP(C) 5163/2008 BEFORE HON’BLE MR.JUSTICE HRISHIKESH ROY Heard Mr.P.J.Saikia, learned counsel for the petitioner who is aggrieved by the report of local inspection dated 13.11.2008 prepared in connection with TS No.80 /2008 in Misc. (J) case No.30/2008 pending in the Court of learned Munsiff No.1, Dibrugarh. 2. The said report was prepared at the instance of the two plaintif fs who are arrayed herein as Respondent Nos. 9 and 10 respectively. Respondent N o.9 who is interested to install a transformer for the purpose of enhanced elect ricity need for his bakery business is one of the tenants of the building owned by the Respondent No.10 3. As the transformer is required to be installed at a place other than the premises of the landlord (Respondent No.10), a decision was taken to in stall the transfer on the junction of H.S.Road and Mahalaya Road. The plaintiffs , who are arrayed here as Respondent Nos. 7 and 8 being aggrieved by the propose d location of the transformer, have filed T.S No. 80/2008 along with an applicat ion for injunction seeking to restraint the installation of the transformer in t he aforesaid location. 4. On the basis of the orders passed by the learned Trial Court, a suit able location to install the transformer was searched in the vicinity of the are a and in the local inspection report dated 13.11.2008, the location of H.S.Road in front of the building owned by the petitioner had been identified for locatin g the said transformer. 5. Mr.P.J.Saikia, learned counsel appearing for the petitioner submits th at the petitioner was not made a party to the said proceeding and the yet, the f rontage of his building has been identified for locating the transformer for us e by respondent No.9 who is a tenant of respondent No.10 and these two are not providing space in their own area to receive supply of electricity to their pre mises. 6. The submissions advanced by the learned counsel the parties have been h eard. It is apparent that the report of local inspection dated 13.11.2008 (Annex ure-D) has been prepared at the instance of the Respondent Nos. 9 and 10 and the plaintiffs who opposed installation of the tran sformer in front of their own buildings. But the petitioner was not taken into confidence while deciding to locate the transformer in the front of the petit ioner’s building and he was not even made a party to the above suit. 7. It is provided under Clause 3.7.4.5. of the Terms and Conditions, Reg ulations notified by Assam Electricity Regulatory Commission that land/room for location of a Transfer is to be provided by the consumer. A bare reading of the said clause would show that the said responsibility of providing land/room is required to be discharged by the consumer. The provision of Clause 3.7.4.5 is usefully extracted hereinbelow for ready reference:- 3.7.4.5. The land /room required for housing the transformer substation a nd meters shall be provided by the developer /builder /society / consumer free o f cost. Transformers should preferably be placed in open areas. In case installa tion of transformer in a room or closed area (in ground floor) is unavoidable, a ll safety measures as per prevailing Rules and Regulations should be taken. Only dry type of transformer shall be installed inside a building. 8. On a perusal of the above clause of the Assam Electricity Regulator y Commission, I am of the view that in the instant case, the responsibility of p roviding space for installing the transformer lies with the Respondent Nos. 9 an d 10. However, they are unable to provide space for locating the ASEB transforme r. On an objection raised by the plaintiffs, they have zeroed in on the space in front of petitioner’s house, to locate the transformer. Whether the aforesaid l ocation can be used for installation of transformer or not is a question, which I am not required to decide at this moment in view of the order that I propose t o pass in the instant case. 9. With the consent of the parties before the Court, this writ petition is deposed of by permitting the petitioner herein to implead himself as a party in the T.S No.80/2008 pending in the Court of Munsiff No.1, Dibrigarh to enable her to make appropriate representation in the said proceeding before the learned Trial Court. Petitioner is directed to take requisite steps in this regard, wit hin two weeks from today. 10. Until the petitioner is heard in the matter by the learned Tria l Court, the report of local inspection dated 13.11.2008 shall not be acted upon to activate the transformer installed in front of the building of the petitione r The Trial Court would pass appropriate orders on merit after hearing the petit ioner. 11. With the aforesaid directions, the writ petition shall stand disposed of .