IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933 WA.No. 655 of 2011() -------------------- AGAINST THE JUDGEMENT IN WPC.33877/2010 Dated 21/02/2011 .................... APPELLANT/PETITIONER: --------------------------- MANU N., GOPALAKRISHNA MANDIRAM,OLAKETTYAMBALAM P.O., KAYAMKULAM,ALAPPUZHA DISTRICT, PIN-690510 BY ADV. SRI.V.ANIL (K/1480/98) RESPONDENTS/RESPONDENTS: --------------------------------- 1. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD, ALAPPUZHA,PIN-688007 2. THE EXECUTIVE ENGINEER, ELECTRICAL DEIVISION,KSEB, MAVELIKKARA,PIN-690101 3. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, MAVELIKKARA, PIN-690101 S.C., K.S.E.B. SRI. C.K. KARUNAKARAN. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA 655/2011 ANNEXURES: ANNEXURE -1: PHOTOCOPY OF THE MEMORANDUM SUBMITTED BY THE PETITIONER. // TRUE COPY // P.S. TO JUDGE. knc/- C.N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. = = = = = = = = = = = W.A. NO. 655 OF 2011 = = = = = = = = = = = = = DATED THIS, THE 6TH DAY OF JUNE, 2011. J U D G M E N T C.N. Ramachandran Nair, J. This belated writ appeal is filed against the judgment of the learned Single Judge declining to interfere with the appellant's request to shift the transformer. The learned counsel has produced photographs which show the location of the transformer. The transformer is erected on two electric posts located on the road side, outside the appellant's property. The appellant's grievance is that there is nine inch of projection of the transformer to his property. We noticed that the road is very narrow and hardly provides space for two vehicles to go. Further, the transformer is located on the corner of the appellant's property without affecting access from his property to the main road. There is a bend of the road in the location and if the transformer is shifted, it will involve substantial additional cost and there will also resistance from other neighbouring owners because the transformer has to be located on the road side in front of the property of somebody or other. WA 655/2011 2 In these circumstances and considering the fact that the appellant does not have any serious inconvenience, we decline to interfere with the matter. However, if the location of the transformer has to be eventually shifted for better distribution of power, then necessarily, the appellant will be the beneficiary of the same. Subject to this observation, the writ appeal is dismissed. C.N. RAMACHANDRAN NAIR, (JUDGE) P.S. GOPINATHAN, (JUDGE) Knc/-