IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 8206 of 2010(A) ------------------------- PETITIONERS: --------------- 1. GEOGY ANTONY, AGED 43, S/O.A.P.ANTONY, ROSA BHAVAN, A.L.JACOB ROAD, ERNAKULAM. 2. SUNIL G.SHENOY, S/O.A.S.GUNA SHENOY, 40/4028-A, 'SANTHINIKETHAN', T.D.WEST ROAD, ERNAKULAM, KOCHI-35. 3. N.L.THOMAS, S/O.LONAKUTTY, NEELAMKAVIL HOUSE, AYYAPPANKAVU, ERNAKULAM. 4. VIJESH VISWANATHAN, S/O.A.K.VISWANATHAN, APHIRUKUNNATH, 'SAMSKRITHI BAVAN', PERANDOOR ROAD, COCHIN-26. BY ADV. SMT.D.P.RENU SMT.R.RANJINI RESPONDENTS: --------------- 1. THE EXECUTIVE ENGINEER, K.S.E.B., CENTRAL CIRCLE, POWER HOUSE ROAD, ERNAKULAM. 2. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM. BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 8206 OF 2010 ......................................................................... Dated this the 6th April , 2010 J U D G M E N T The petitioners have approached this Court seeking for the following reliefs: “i) a writ of mandamus, any other appropriate writ, order or direction restraining the respondents from erecting/installing any more transformer, in front of the shop rooms occupied by the petitioners, which are facing Shanmugham Road. ii) issue a writ of mandamus, order or direction, directing the 1st respondent to shift the already existing transformers, to a less inconvenient place from the exact middle portion of the frontage of the petitioners' shoprooms. iii) issue appropriate direction to the 1st respondent, restraining him from carrying out any work, for installation/erection of transformer, any structures or equipments in front of petitioners' shoprooms; iv) such other writ, order/directions as deemed fit by this Hon'ble Court in the facts and W.P.(C) No. 8206 OF 2010 2 circumstances of the case. v) Allow this writ petition with costs. ” 2. The apprehension expressed from the part of the petitioners is that the respondents are installing more and more Transformers immediately in front of the shop rooms belonging to the petitioners causing utmost hardship with regard to the conduct of the business being pursued by the petitioners. 3. The respondents have filed a statement explaining the position in crystal-clear terms, that there is absolutely no proposal for installing any further transformers and that the existing transformers having lesser capacity are being replaced by an enclosed compact box type transformer called 'Compact Secondary Substation' with a higher capacity, for which underground cables are being laid. It is also brought to the notice of this Court that, on installation of 'box type' transformer, the petitioners also will be benefitted . It is stated in paragraph '5' of the statement filed by the respondents as follows: “After energising this new CSS the existing open transformer installed in front of the petitioners building along with other 2 existing open/exposed transformers installed in the median of the Shanmugham road will also be W.P.(C) No. 8206 OF 2010 3 dismantled. More over, the space required by the new CSS is much lesser than the existing open transformer structure. So the petitioners can enjoy more road frontage and can have an aesthetic appearance for their commercial establishment . It is once again confirmed that as alleged by the petitioners, it is not the installation of a third transformer, instead it is the replacement of the existing open/exposed transformer in front of the petitioners building by a much compact and enclosed unit. There is no basis for the petitioner's anxiety and worries.” In the above circumstances, this Court does not find it necessary to pass further orders in this Writ Petition, but for recording the contents of the statement as extracted above. The Writ Petition is closed. P.R. RAMACHANDRA MENON, JUDGE. lk