IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(C).No. 6468 of 2010(G) ------------------------------- PETITIONER: -------------- M.K.ANIL KUMAR, AGED 45 YEARS, S/O.KRISHNAN KUTTY MENON, MADATHIPARAMBIL, UDAYAMPEROOR, ERNAKULAM DISTRICT. BY ADV. SRI.P.V.ELIAS SRI.K.UNNI VARGHESE RESPONDENTS: ----------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, ERNAKULAM. 3. THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, ERNAKULAM. 4. THE UDAYAMPEROOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY. R1 & R2 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B R3 BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.N.Ravindran, J. ------------------------------------------ W.P.(C) No.6468 of 2010 ------------------------------------------ Dated this the 27th day of July, 2010 JUDGMENT J.Chelameswar, C.J. This writ petition is filed with the prayers as follows: “i) issue a Writ of Mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 3 to shift the transformer bearing No.SL.38 having a capacity of 160 KVA existing in the Udayamperoor Junction to some other convenient place forthwith. ii ) issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the respondents 1 to 3 to implement their decision to shift the transformer and iii) to issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of this case.” 2. The petitioner claims to be a resident of the 4th respondent Grama Panchayat. Complaining the existence of an electric transformer at a junction known as Udayamperoor Junction in the 4th respondent Grama Panchayat, the instant writ petition is WP(C) No.6468 of 2010 - 2 - filed purporting to be one in public interest. The substance of the writ petition is that the transformer is located at a busy junction where a village office, two schools, a clinic, two chapels, etc. are located. Apart from that an autorickshaw stand and bus bay are also located in the said junction. Complaining that the existence of the abovementioned transformer is creating a lot of congestion to the traffic and inspite of the representations made by the petitioner and others, the first respondent Electricity Board is not taking any appropriate action to shift the transformer, the instant writ petition is filed. 3. We are not prepared to believe that only the existence of the transformer that causes the congestion, etc. On the admission of the petitioner himself a bus bay and autorickshaw stand are also located in the same junction apart from the various other institutions which we have already mentioned above. Anyone of them or all of them cumulatively WP(C) No.6468 of 2010 - 3 - certainly cause congestion in the junction in which case we are unable to understand why the petitioner is particular about the shifting of the transformer only. 4. The answer to our doubt to certain extent is contained in Ext.P8 letter dated 24.9.2009 addressed by the Deputy Chief Engineer, Electrical Circle, Ernakulam to the petitioner herein. Relevant portion of the said letter reads as follows: “Detailed enquiry conducted regarding the complaint. Executive Engineer has given report as per reference second cited. As per this report this transformer was installed on the road side in 2004. After that a bus bay having 50 meters length and a waiting shed were founded at this junction. When this issue came up for discussion in the Taluk Saba held on 17/06/2008, the Udayamperoor Grama Panchayat was authorized for further steps. In view of the above K.S.E.Board and the Grama Panchayath have jointly visited the place on 15/07/2008 and the HT,LT lines from one side that reaches this transformer were decided to be converted as cable and to shift the same to the southern junction. For that the WP(C) No.6468 of 2010 - 4 - estimate was prepared for Rs.6,47,371/- with 3x300 square M.M. cable and the Secretary, Udayamperoor Grama Panchayath has been intimated to remit the amount on 14/08/2008. Steps are delayed because of the non-payment of the amount by the Panchayath so far. As per the existing rules, without depositing the amount there is no permission to do the work. These facts may be brought into the attention of the Hon'ble Minister.” 5. It is obvious from the above extracted portion of the letter that apart from the question whether the existence of the transformer is the root-cause of the congestion complained of by the petitioner, it appears a discussion was held in the Taluk Saba on 17.6.2008 on the basis of which the first respondent Electricity Board and the Grama Panchayat took a decision to shift the abovementioned transformer on condition that the Grama Panchayat bears the expenditure for shifting which was eventually estimated at Rs.6,47,371/- and as the Grama Panchayat did not remit the amount, the transformer was not shifted. WP(C) No.6468 of 2010 - 5 - 6. The writ petition is obviously set up by the Grama Panchayat to avoid the payment referred to in the abovementioned letter. In the circumstances, we are of the opinion that the instant public interest litigation is a sheer abuse of the process of the court and therefore it is dismissed at the admission stage with costs quantified at Rupees five thousand to be paid to the Kerala State Legal Services Authority within a period of two weeks from today failing which the Secretary of the Kerala State Legal Services Authority shall be at liberty to take necessary steps for recovery of the same from the petitioner. J.Chelameswar, Chief Justice P.N.Ravindran, Judge vns