COCHIN FASHION JEWELLERY Vs. KSEB

JUDGEMENT

(1.) THE petitioner is a partnership firm conducting Jewellery business on the eastern side of M. G. Road at Ernakulam. Petitioner is a tenant in the first floor of the building. Petitioner is aggrieved by the proposed setting up of a transformer infront of petitioner's shop room and the apprehension of the petitioner is that if the transformer is put up there it will block the view of the shop. Petitioner approached this Court earlier by filing O. P. 7383/2000 and this Court by judgment dated 20. 6. 2000 directed the second respondent to dispose of Ext. P1 representation after hearing the petitioner as well as the affected parties. THE second respondent, by Ext. P4 order ratified the action of the Assistant Executive Engineer to put up the transformer in the same place. THE petitioner, therefore, challenges Ext. P4 order in this Original Petition.

(2.) IT is the case of the petitioner that apart from the fact that the installation of transformer will completely obstruct the view of petitioner's shop, the employees and customers of the petitioner will have to face risk and damage involved by the installation of the transformer, very near to the premises of the petitioner. IT is also stated that enough vacant space near the proposed site is also there and if only the site is shifted to one or two metres towards south, there will be no complaint from any quarters.

(3.) IN the Statement filed on behalf of respondents 1 and 2 it is stated that the transformer is to be fixed as near as possible to the third respondent and if it is shifted to a little south the fourth respondent will object to it. It is also stated that respondents 1 and 2 have only acted according to law and there is nothing for this Court to interfere.