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P/030/2017 Smt. Indira Bhai B, Ernakulam
The appellant has filed the appeal petition, being aggrieved at the inaction of KSEB to shift the transformer installed in her property, situated under Electrical Section, Ayathil, in Kollam District. She alleges that the said transformer was erected long ago in her property without obtaining her consent. She owns about 5½ cents of land and due to the installation of transformer she finds obstructions for free use of the property. Though the appellant had approached the KSEB for shifting the transformer, they had not taken any action. Aggrieved by the inaction of KSEBL, the appellant filed a suit before the Hon’ble Munsiff Court, Kollam in OS 361/2009. Since no proper action was taken on the petition by the respondent,, she has also filed petition before the CGRF, South, Kottarakkara vide Petition No. OP No. 285/2016 and the CGRF has disposed it by order dated 02-02-2017, with the remarks as; “Hence the Forum views that as the case is pending before the Munsiff Court, Kollam in OS 361/2009, the Forum does not want to interfere the case in the present position. The respondent shall take action according to the order of the Hon’ble Munsiff Court, Kollam.” Still aggrieved by the said order, the appellant has filed the appeal petition, before this Authority. Since a suit filed by the respondent lies before the Court and in the light of the above provision under 22(d) of KSERC Regulations 2005, which restricts the maintainability of the petition filed for the same cause of action and relief, the appeal petition filed by the appellant, need no further action at this Forum and hence needs to be rejected. For the reasons detailed above, the appeal petition, filed by the appellant stands dismissed as it is found not maintainable before this Forum. Having concluded and decided as above, it is ordered accordingly. No order on costs.

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Created 2017-07-10 00:00:00

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