WP/35439/2015 of A.K. Velu, Vs The AP Southern Power Distribution Company Limited on 31 December 2015

O R D E R:

In this Writ Petition, the petitioner has questioned theaction of the 4[th] respondent directing to erect distributiontransformer in front of his house plot situated in TatithopuStreet, Puttur, Chittoor District. Petitioner contends thatthis is done at the instance of the 5[th] respondent, who isthe Chairman of the Local Municipal Council. Accordingto the petitioner, his plot is only 103.75 sqare yards, whichwas purchased by his father under registered sale deeddated 5.2.2014, although the plot is presently vacant, infront of the house plot there is already a public water tap,which has reduced to the access of the plot from the roadside; that he has been making efforts to constructresidential house therein, but suddenly the 4[th]respondent, at the instance of the 5[th] respondent, erected4 feet height platform in front of the petitioner’s plot,thereby leaving practically no space to enter into thepetitioner’s plot.

An Advocate Commissioner was appointed by thisCourt by an order dated 3.12.2015 to visit the site and filea report as to whether the installation of the transformer by respondents 1 to 4, in any way, obstructs the access tothe plot of the petitioner, which is located adjacent to it.

In the report filed by the Advocate Commissioner, hehas categorically stated that if the transformer is erectedadjacent to the petitioner’s plot, petitioner would have only2 feet access from the eastern side of it and one feetaccess from the western side of it and that access to thepetitioner’s plot is restricted by the transformer as well asthe existing municipal tap. It is also stated that the frontside portion of the petitioner’s plot is 16 feet of whichmunicipal tap occupied as 6.6 feet and that a newlyerected transformer along with cement pole will totallyblock the petitioner’s plot.

Learned Standing Counsel for respondents 1 to 4has not disputed any of the findings of the AdvocateCommissioner. Although notice in this Writ Petition hasbeen served on the 5[th] respondent, he has not appearedand made any submissions.

Since it is clear that erecting the distributiontransformer in front of the petitioner’s house plot severelyrestricts access to the petitioner’s house plot and almostmakes it inaccessible, the action of the respondents 1 to 4in erecting said transformer in front of the petitioner’shouse plot is declared as illegal and arbitrary andrespondents 1 to 4 are directed to re-locate the same inan appropriate place in the same street, if possible, without in any way obstructing the access to thepetitioner’s house plot. This exercise shall be completedwithin four weeks from the date of receipt of a copy of thisorder.

The Writ Petition is disposed of with the aboveobservation. There shall be no order as to costs. As asequel thereto, miscellaneous petitions, pending if any,shall stand closed.

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JUSTICE M.S.RAMACHANDRA RAO

Date: 31.12.2015KA