THE STATE ELECTRICITY OMBUDSMAN
D.H. Road & Offshore Road Junction, Near Gandhi Square,
Ernakulam, Kerala-682 016
Ph: 0484 2346488, Mob: 8714356488
www.keralaeo.org    Email: ombudsman.electricity@gmail.

APPEAL PETITION No. P/069/2022
(Present: A. Chandrakumara Nair)
Dated: 29th November, 2022

      Appellant		:   	Smt. P. Sindhu,
'Advaitham', 
Neeleswaram. P.O., 
Neduvathoor, Kottarakkara, 
Kollam Dist. 691505

Respondent       :	Asst. Executive Engineer,
		Electrical Sub Division, KSEB Ltd., 
Kottarakkara, Kollam Dist.

ORDER

Background of the case:

The appellant is a domestic consumer under Electrical Section, Kottarakkara West.  The Licensee has drawn a line for installing street light as per the request of the Panchayath.  One post was placed at the middle of entry of the property, which is blocking the entry of vehicles to her property.  The stay wire of this post was placed inside her property without the consent of the property owner.  The request of the appellant is to shift the post conveniently, so that the entry to her property won’t be blocked.  Assistant Engineer has given an estimate for Rs.5,013/- for shifting the post and Panchayath is not ready to bear the cost.  The appellant approached the CGRF (SR) and CGRF (SR) ordered that the cost of shifting is to be borne by the Panchayath or petitioner. 
Aggrieved by the decision of the Forum, the appellant approached this Authority by filing the appeal petition.
Arguments of the appellant:
The Licensee has drawn a line for installing street light as required by the Panchayath.  One post was placed at the middle of entry of the property, which is blocking the entry of vehicles to appellant’s property.  The stay wire of this post was placed inside appellant’s property without the consent of the property owner.  The request of the appellant is to shift the post towards northern side by 1.5 M from the present location.  The respondent has given an estimate for Rs.5,013/- for shifting the post and Panchayath is not ready to bear the cost.  The appellant approached the CGRF (SR) and CGRF (SR) ordered that the cost of shifting is to be borne by the Panchayath or petitioner. 
Post installed at the site was as suggested by the Ward member.  This may be done due to the political revenge.  However, the Licensee is to take care to install the post avoiding obstruction of the vehicle entry to the appellant’s property.  The responsible officials of the respondent were not available while installing the post.
Therefore, this Authority may review the order of the CGRF, so as to shift the post to a convenient place as the above incident was not because of appellant’s fault.
Arguments of the respondent:
KSEBL has drawn a street light line as per the requirement of the Panchayath.  One post EK-89/7/6/1 had been placed at the boundary of appellant’s property outside and stay wire was placed inside the property.  The respondent stated that this post was placed in this location as per the direction of the ward representative of the Panchayath. The request of appellant is to shift the post.  The estimate for shifting the post has given to the Panchayath Secretary.  KSEBL was not asked the appellant to remit the deposit amount.  
All the works connected to the street lighting was completed as per the requirement of Panchayath.  The line is drawn through the public way and there is no hindrance to enter the vehicle to the appellant’s property.  As such the appellant has to find out the convenient place to shift the post and also the remittance of required deposit work amount. If the shifting was done as per the requirement of appellant, the line will cross over the neighbouring properties, which will be objected and hence, this is not feasible.  So, the consent from other property owners also to be obtained together with the remittance of deposit work amount for shifting the post.
In view of the above, the respondent requested this Authority to dismiss the appellant’s appeal petition.
Response of the Appellant on the arguments of Respondent:
One post EK-85/7/61 had placed in the middle of the entrance of the appellant’s property bearing survey No. 415/8.2 in Neduvathu Village to install only for drawing a street light line by KSEBL as per the requirement of the Panchayath.  Appellant has requested to shift the post around 1.5 M towards north, after two days of the installation of the post without her consent.  After four months again the request was given to Asst. Executive Engineer, Kottarakkara.  The respondent replied to remit an estimated amount of Rs.5,013/- by appellant for shifting the post and stay wire.  This reply itself shown that the installation of post is a mistake from the part of KSEBL.  The street line was drawn by installing posts as per the instruction of Panchayath / Ward member.  However, the Licensee is to take care to install the post avoiding obstruction of the property owners.
The way to the appellant’s property is coming from western side to east and directed to southern side where appellant’s wall in the northern side.  The post should have been shifted to northern side around 1.5 M ahead
The responsible officials of the respondent or Panchayath were not available while installing the post.  Post was installed by the contractor as per his own wish.
As per Supply Code, the labour charge is to be remitted by the appellant if the post is an existing one.  However, this post is not an existing one as the post was installed only some days before giving complaint to the respondent.  As there was a complaint to be settled with regards to shift the post, the installation of street lights was a fault from KSEBL. 
The respondent’s statement that the line is drawn through the public way and there is no hindrance to enter the vehicle to the appellant’s property is not correct.  The line will cross over the neighbouring properties as stated by the respondent is also not correct.  Moreover, the respondent’s demand for remitting estimated amount by appellant for shifting the post and stay wire is not sustainable on the above grounds.
Under the above circumstances, appellant requested this Authority to issue necessary orders for shifting the post.
 
Analysis and findings:

The hearing of the case was conducted on 28-10-2022 at the meeting room of Kerala State Electricity Regulatory Commission, Thiruvananthapuram.  The appellant Smt. P. Sindhu was attended the hearing and Sri. Ajithkumar, Assistant Executive Engineer, Electrical Sub Division, KSEB Ltd., Kottarakkar attended the hearing from the respondent’s side.  On examining the appeal petition, the arguments filed by the appellant, the statement of facts of the respondent, perusing the documents attached and considering all the facts and circumstances of the case, this Authority comes to the following findings and conclusions leading to the decision thereof.
The appellant is the owner of the property bearing survey No. 415/8.2 in Neduvathu Village.  KSEBL	has drawn a street light line as per the requirement of the Panchayath.  One post EK-89/7/61 had been placed at the boundary of appellant’s property outside and stay wire was placed inside the property without consent.  The post and stay wire are blocking the vehicle entry into her property.  This has neither been informed the property owner nor obtained the consent or permission to place the stay wire.  A road is coming from western direction towards east and ending the property of the appellant through which vehicle may move.  From the outer boundary of this property towards south, there is a narrow pathway.  The request of appellant is to shift the post around 1.5 M towards north, so that the access of vehicle to this property will not be blocked.  During the hearing, Assistant Executive Engineer has confirmed that while shifting the post towards north, the line will cross over the neighbouring properties, which will be objected and hence, this is not feasible.  The Assistant Executive Engineer suggested that this post could be shifted to southern side around 75 cm to 100 cm, which will ease out the entry into this property.
The respondent stated that this post was placed in this location as per the direction of the ward representative of the Panchayath.  The appellant states that there was no responsible person from KSEBL while the work was executed.
The Indian Electricity Act 2003, Section 164 states about the applicability of Indian Telegraph Act 1885 whenever required for placing electrical lines or electrical plant:
	Section 10 (d) of Indian Telegraph Act 1885 states “10 : The telegraph authority may, from time to time, place and maintain a telegraph line under, over, along or across, and posts in or upon, any immovable property:
Provided that—
(d)	in the exercise of the powers conferred by this section, the telegraph authority shall do as little damage as possible, and, when it has exercised those powers in respect of any property other than that referred to in clause (c), shall pay full compensation to all persons interested for any damage sustained by them by reason of the exercise of those powers.”

Here in this case, the Licensee has not obtained the consent and also not paid any compensation to the owner of the property as per Section 10 (d) of the Indian Telegraph Act 1885.  Also mentioned in this Section that the Licensee would have made only very minimal damage to this property while exercising this power as per the Section 10 (d).  Blocking the entry of vehicles to the property is not a minimal damage.  The post has to be shifted to the convenient location as suggested by the respondent.  During the hearing, the responded opined that he will visit the site and decide the convenient location to shift the post.  
Decision: ‐
From the analysis done and the conclusions arrived at as detailed above, following decisions are hereby taken:
(1)	The post is to be shifted by the Licensee to a convenient location, preferably Southern side to have vehicle entry into the property of the appellant.
(2)	The cost of shifting is to be either borne by the Panchayath or the Licensee.
Having concluded and decided as above, it is ordered accordingly.  No order on costs. 

ELECTRICITY OMBUDSMAN

P/069/2022/               dated                   .
Delivered to:
1.	Smt. P. Sindhu, 'Advaitham', Neeleswaram. P.O., Neduvathoor, Kottarakkara, Kollam Dist. 691505

2.	Asst. Executive Engineer, Electrical Sub Division, KSEB Ltd., Kottarakkara, Kollam Dist.
Copy to:
1.	The Secretary, Kerala State Electricity Regulatory Commission, KPFC Bhavanam, Vellayambalam, Thiruvananthapuram-10.
2.	The Secretary, KSE Board Limited, Vydhyuthi Bhavanam, Pattom, Thiruvananthapuram-4.
3.	The Chairperson, Consumer Grievance Redressal Forum, Vydhyuthi Bhavanam, KSE Board Ltd, Kottarakkara - 691 506.