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Downloads - Orders - P/043/2018 Sri. Joseph C.A. Ernakulam
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 P/043/2018 Sri. Joseph C.A. Ernakulam  |
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| The appellant is an industrial consumer having consumer number 12925 under the jurisdiction of Electrical Section, Vaduthala. The appellant approached the respondent for shifting an electric line passing through the north eastern corner of his property. Since no action was taken in the matter, the appellant filed a writ petition in W.P. (C) No.5889/2015 before the Hon. High Court of Kerala. The matter was referred to the Additional District Magistrate by the Hon. High Court. The Additional District Magistrate, in his order No. K.Dis/67018/2012MS dated 10-08-2015, dismissed the request of the appellant as having no merits, stating that the application for shifting of electric line to the adjacent pathway, which is outside of the property of the appellant is beyond the scope of Section 17 of the Indian Telegraph Act. Against this order of the District Collector the appellant filed WPC 18958/2016 before the Honourable High Court of Kerala and the Court vide judgment dated 20.6.2016 directed Additional District Magistrate to reconsider the matter and the same is under the consideration of Additional District Magistrate. Meanwhile the appellant approached the CGRF with the request for removal of the line drawn across his property between the posts MR 12/7 and GTW 27 and to take disciplinary action against the concerned officials of the KSEBL who cut and removed the trees without his permission. Hence this appeal is against the order dated 26-06-2018 of CGRF, Ernakulam, in the OP 137/2017-18, dismissing the complaint due to lack of merits, filed before it. From the findings and conclusions arrived at as detailed above, I decide as follows. Whenever the dispute regarding the shifting of electric line through the eastern side of the property of the appellant before the District Magistrate is settled, the respondent shall consider the request for rearranging the line in the northern side of the property subject to the technical feasibility for the shifting by realizing the labour charges. Having concluded and decided as above it is ordered accordingly. The Appeal Petition filed by the Consumer is allowed as ordered and stands disposed of as such. The order of CGRF in 137/2017-18 dated 26-06-2018 is set aside. No order on costs. |
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