K G THOMAS Vs. THE ASSISTANT EXECUTIVE ENGINEER

JUDGEMENT

(1.) Petitioners have approached this Court seeking for a direction to the respondents to remove the Ring Main Unit (RMU) constructed inside the property of the petitioners. Petitioners have also sought for payment of compensation for the illegal demolition of name board of their shop room and for constructing other structures.

(2.) Petitioners claim to be co -owners in possession of four commercial rooms having Door No.40/8845 of Corporation of Kochi. The shop rooms are situated at M.G.Road, Ernakulam. Petitioners have also claimed ownership over undivided areas of the said complex. It is contended that for facilitating the work of Metro Rail Project, respondents 1 and 2 had installed a transformer inside the property of the petitioners without the consent of the petitioners or other co -owners. This, according to the petitioners, is causing substantial inconvenience to the shop room. Hence, the petitioners have approached this Court seeking the reliefs aforesaid.

(3.) Counter affidavit has been filed by the 3rd respondent inter alia stating that the shops owned by the petitioners have been closed for more than three years and no business is being carried out by the petitioners. The allegation that the respondents have trespassed into the property has been denied. It is stated that the respondents had marked the position of the RMU, which is a substitute for the conventional transformer, after discussing with the shop owners in the locality. It is also stated that the petitioners were not present while the discussions were held, as the shop of the petitioners were closed. They have also denied the fact that sign board was demolished. It is stated that the sign board was removed while the RMU was installed and it was fixed back. It is stated that all other shop owners, around ten in number, gave consent to construct the RMU in the said position. It is further stated that the RMU is constructed by the respondents for the Kerala State Electricity Board. RMU is installed to control the transformer existing in front of the building and feeding of the transformer is substantially to give electricity to all consumers in the building. Respondents also denied the allegations raised in the writ petition.