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P/091/2016 Smt. Reetha A.V., Kozhikode.
The appellant, Smt. Reetha A.V., is a consumer under Electrical Section, Pottammal, in Kozhikode District. The appellant’s case is against the inaction on the part of respondent to disconnect the underground cable drawn through her plot without consent. The cable was provided by the nearby consumers namely Sri Yugesh and Smt. Nisha having consumer numbers 5417 and 16630 respectively for pumping water for their own use from the well situated in the appellant’s plot. It is also alleged that due to the drawing of cable through her property, the appellant finds difficulty to dispose of her property. Though the appellant had approached the respondent for removing the cable drawn through her property, the respondent had not taken any action. So, the appellant filed petition before higher authorities of the licensee, but they also failed to take any action. Hence the appellant filed a petition before the CGRF, Kozhikode. But the Forum dismissed the petition vide order in OP No. 108/2016‐17 dated 09-02-2016 directing the respondents to ensure safety aspects and the appellant to approach competent Forum for redressing the grievance. Feeling aggrieved by the order of the Forum, the appellant has filed this appeal petition, before this Authority. The crux of the matter is that the dispute is between close relatives regarding the right to take water from the well. In this factual background, if at all the appellant has any grievance with respect to the sharing of water from common well using electricity for pumping water that can be resolved by resorting to appropriate civil remedies if they are advised so. This Authority is not empowered with jurisdiction to take any decision with respect to the relief sought for by the appellant in the appeal. In view of the above discussions, the appeal petition is dismissed as devoid of any merits. The order of CGRF in OP No 108/2016-17 dated 09-12-2016 is upheld. No order as to costs.

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Created 2017-03-15 00:00:00

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