IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 24303 of 2008(R) -------------------------- PETITIONER(S): --------------- PUNNOOSE.P.A, PARANGOTTU HOUSE, KODIMATHA P.O., KOTTAYAM. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): --------------- 1. SPECIAL TAHSILDAR L.A (NH), OFFICE OF THE SPECIAL TAHSILDAR L.A (NH), CHANGANASSERY. 2. EXECUTIVE ENGINEER, KERALA STATE TRANSPORT PROJECT (KSTP) DIVISION OFFICE, REST HOUSE COMPOUND, MUVATTUPUZHA.P.O, PIN - 686 661. 3. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KOTTAYAM. 4. ASSISTANT ENGINEER, ELECTRICAL SECTION, KOTTAYAM CONTROL, KOTTAYAM. 5. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 6. K.S.E.B, REP. BY ITS SECRETARY, VAIDHUTHI BHAVAN, THIRUVANANTHAPURAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R2TO4&6 GOVERNMENT PLEADER SRI.SHYSON.P.MANGUZHA FOR R1,2 & 5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.24303 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of October, 2008 JUDGMENT The issue involved in this writ petition is the petitioner's request for shifting of a transformer to a spot which is least inconvenient to the petitioner. The KSEB has filed a counter affidavit resisting the prayers in the writ petition. Learned counsel for the petitioner submits that the petitioner intends to submit a detailed representation before the KSEB. Learned counsel requests that the KSEB be directed to take appropriate action on the representation. Learned counsel for the KSEB submits that there will not be any difficulty for the KSEB to take a decision on the representation itself. 2. Under the above circumstances, I dispose of the writ petition without going into the merits of the grounds raised, issuing the following directions; The petitioner will submit a comprehensive representation before the third respondent voicing his grievance and pointing out the alternate sites for re-locating the transformer. If such a representation WPC.No.24303/08 2 is received from the petitioner by the third respondent within three weeks from today, the third respondent will conduct a local inspection with notice to the petitioner and also to the second respondent. Appropriate orders will be passed on the representation on the basis of the facts which are revealed in the above local inspection taking also into account the grievances expressed by the petitioner through the representation. In the above context I record the submission of the learned counsel for the petitioner that the petitioner shall make free surrender of the site to be identified for locating the transformer, if the site so identified is acceptable to the petitioner. Needful in compliance with the above direction will be done by the concerned respondent at the earliest and at any rate within one month of receiving the representation. Considering the above direction, there will be a further direction that the order of stay currently in force will continue for a period of two more months from today. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.24303/08 2