KUNIYIL SUDHEESH Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) PETITIONERS grievance is that respondents are proposing to install a transformer in the tarred road frontage of the petitioners property having an extent of 21.399 cents of land. Ext. P1 is the sketch of the petitioners property. According to the petitioners, coming to know of the above proposal of the respondents, they filed Ext. P3 objection to the 1 st respondent. In spite of it, when steps were taken for installing the transformer, they filed this writ petition to prevent the respondents from proceeding with the proposal.

(2.) STATEMENT has been filed on behalf of the respondents. In the statement, it has been clearly stated that the proposal of the Board is to install two poles and a transformer and that too not in the property of the petitioners, but on the public road. It is stated that the location of the transformer was selected as it was very near to the load centre and that the feeding arrangement is practically much suitable. It is also pointed out that there is no other technically suitable vacant location for the installation of the transformer and that all the vacant plots available in the area are unsuitable for their purpose.

(3.) HOWEVER, counsel for the Board submits that Section 16 of the Indian Telegraph Act is inapplicable to the case in question in as much as the transformer is proposed to be installed not in the private property of the petitioners, but on the side of a public road.