K G VARGHESE Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THESE writ appeals are filed against the common judgment of the learned single Judge in R.P.1113/12 in W.P(C).19073/12 and W.P(C).19989/11. By the impugned judgment, learned Judge directed shifting of a transformer to a place at a distance of 182 feet and ordered that the costs thereof shall be borne by the appellants herein. It is aggrieved by that part of the direction in the judgment which obliges the appellants to bear the cost of shifting of the transformer, these appeals are filed.

(2.) WE heard the learned counsel for the appellants, standing counsel appearing for the Kerala State Electricity Board and learned Government Pleader appearing for the officials of the State.

(3.) BRIEFLY stated, the facts of the case are that the appellant in W.A.46/13 is the owner of a property, where, his sons are conducting a toddy shop at a place called Manakkachira junction in the State Highway between Thiruvalla and Kumbazha. The appellant in W.A.Nos.2276/12 and 3/13 owns a property having an extent of 60 cents, which is also situated on the western side of the aforesaid junction. Near to the property of the appellant in W.A.46/13, in the puramboke land, there was a transformer erected by the Electricity Board. According to the Board, on account of the widening of the adjacent Highway, the transformer became very close to the road, leading to complaints from general public and the local Panchayat President had also requested for re - locating it to a harmless location. Accordingly, a proposal was made for shifting the transformer to the PWD property in front of the property owned by the appellant in W.A.Nos.2276/12 and 3/13.