IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 WP(C).No. 15854 of 2010(F) -------------------------- PETITIONER: --------------- ANASTHASIA RAPHAEL, W/O.RAPHAEL, AGED 81 YEARS, PURAMUKALIL HOUSE, CHAKKARAPARAMBU, THAMMANAM P.O., ERNAKULAM. BY ADV. SRI.K.M.FIROZ RESPONDENTS: --------------- 1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, 29/1298-A, MANGALYA VAIDYA, MADOM VYTTILA, KOCHI-682 019, COCHIN, REP. BY ITS PROJECT DIRECTOR, KOCHI. 2. THE KERALA STATE ELECTRICITY BOARD, BOARD SECRETARIAT, VYDYUTHI BHAVANAM, PATTOM, 695 014, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 3. THE EXECUTIVE ENGINEER, KSEB, PALARIVATTOM, KOCHI-25. 4. THE EXECUTIVE ENGINEER, KSEB, POWER HOUSE, ERNAKULAM. 5. THE ASSISTANT EXECUTIVE ENGINEER, THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, KSEB, PALARIVATTAM, KOCHI-25. 6. THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, ERNAKULAM. 7. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM. BY GOVT. PLEADER SRI.BIJOY CHANDRAN SRI.P.P.THAJUDEEN - SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.15854 of 2010-F ---------------------------- Dated this the 31st day of May, 2010. J U D G M E N T The petitioner is aggrieved of the steps being taken by the respondent Board for installation of a 'Transformer' on the side of NH 47 By-pass, which is very near to the property of the petitioner. The case of the petitioner is that the 'Transformer' which is proposed to be erected will cause obstructions to the free ingress and egress to the property of the petitioner, as the petitioner is intending to construct a building consisting of various shop-rooms cum go-down. It is also the case of the petitioner that, the installation of the 'Transformer' on the side of the National Highway is without any sanction of the first respondent and that this has been brought to the notice of the Board as well as the 'sixth' respondent, by filing necessary proceedings including Ext.P4 statement of objections 2. Heard the learned standing counsel appearing for the Board as well as the learned Government Pleader appearing for the respondents 6 and 7. W.P(C) No.15854 of 2010-F 2 3. The learned standing counsel for the Board submits that, since some objections have been raised from the part of the first respondent, the matter requires to be considered and adjudicated by the statutory authority. 4. In the above circumstances, the fifth respondent shall refer the dispute to be considered by the concerned authority- sixth/seventh respondent as the case may be, who shall consider the same along with Ext.P4 objections preferred by the petitioner in accordance with law and pass appropriate orders after hearing the petitioner and the parties concerned, as expeditiously as possible, at any rate within one month from the date of receipt of a copy of this judgment. It is made clear that, till the matter is finalised as above, the steps for installation of the 'Transformer' as proposed by the Board shall be kept in abeyance. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE ab