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Kerala High Court
Krishnakumar B vs Kerala State Electricity Board ... on 20 May, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
WP(C) NO. 14142 OF 2024
PETITIONERS:
1 KRISHNAKUMAR B
AGED 57 YEARS
S/O. BHARGAVAN, RESIDING AT TC 93/310,
'KRISHNA' ANAYARA POST,
THIRUVANANTHAPURAM, PIN - 695029
2 SMITHA KRISHNAKUMAR
AGED 45 YEARS
W/O. KRISHNAKUMAR, RESIDING AT TC 93/310,
'KRISHNA' ANAYARA POST,
THIRUVANANTHAPURAM, PIN - 695029
BY ADVS.
SRI.K.C.ELDHO
SRI.S.BIJILAL
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LTD.,(KSEB)
REPRESENTED BY ITS SECRETARY VYDYUTHI BHAVAN,
PATTOM, THIRUVANANTHAPURAM, PIN - 695004
2 THE EXECUTIVE ENGINEER
KERALA ROAD FUND BOARD CHANDRASEKHARAN
NAIR STADIUM ROAD,
PALAYAM, THIRUVANANTHAPURAM, PIN - 695033
3 THE CHIEF ENGINEER (DISTRIBUTION
KERALA STATE ELECTRICITY BOARD LTD.,(KSEB)
POWER HOUSE BUILDING, POWER HOUSE ROAD,
THIRUVANANTHPUARAM, PIN - 695036
4 ASSISTANT ENGINEER
OFFICE OF THE ASSISTANT ENGINEER, ELECTRICAL
SECTION, PETTAH PATTOOR, THIRUVANANTHAPURAM,
PIN - 695035
W.P.(C) No.14142/2024
:2:
5 CHIEF ELECTRICAL INSPECTOR
OFFICE OF THE CHIEF ELECTRICAL INSPECTOR,
HOUSING BOARD BUILDING, SHANTHI NAGAR
THIRUVANANTHAPURAM, PIN - 695001
SRI.RIJI RAJENDRAN FOR R1
SRI.K.V.MANOJ KUMAR(STANDING COUNSEL)FOR R2
SRI.SREEJITH V.S, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.14142/2024
:3:
N. NAGARESH, J.
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W.P.(C) No.14142 of 2024
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Dated this the 20th day of May, 2024
JUDGMENT
~~~~~~~~~ The petitioners, who are permanent residents of Kadakampally Village of Thiruvananthapuram Taluk, are before this Court aggrieved by Ext.P16 order of the Executive Engineer, KRFB.
2. The petitioners state that they are owners of 4 Cents of property and a residential building thereof. The residential building is more than 34 years old. The property is situated alongside Petta - Anayara road and has a direct access to the public road. In the absence of petitioners and their parents, the Kerala State Electricity Board Limited erected a High Power Transformer of 500 KVA right in front of the residential house blocking 70% of their entrance to the W.P.(C) No.14142/2024 :4: public road. The foul smell emanating from the transformer is hazardous and threat to the petitioners and their family. The 1st petitioner is a heart patient and has undergone angioplasty. The 2nd petitioner is suffering from asthmatic disease. The 2nd petitioner's mother is having severe bronchitis. A minor child in the house is also taking medicines.
3. The 2nd respondent-Executive Engineer, KRFB is undertaking a road widening work. The petitioners submitted a representation seeking to direct respondents 2 to 4 to shift the transformer to a safer place. Pursuant to Ext.P8 representation, the Electrical Inspector conducted an inspection and recommended to the Chief Electrical Engineer (Distribution) to remove the transformer immediately as there is a threat to the life of the petitioners. In Ext.P9 communication, the Electrical Inspector pointed out that there is threat to the life of the petitioners and that in the event of road widening, there will be no space available to retain the said transformer in the present position. W.P.(C) No.14142/2024 :5:
4. The petitioners state that the 4th respondent recommended the 2nd respondent to shift the transformer to a suitable place as per Ext.P11. The petitioners were also informed as per Ext.P12 that the transformer will be shifted to a new space near NSS Karayogam. In spite of Exts.P8 to P12, no steps are taken by respondents 1 to 4 for shifting the transformer. The petitioners therefore filed W.P.(C) No.467/2024. The writ petition was disposed of as per Ext.P14 judgment directing the 2nd respondent to consider the shifting of the transformer into an ideal location. Later, the petitioners were informed that the transformer is getting shifted close to the petitioners' residential house. The petitioners were also served with Ext.P16 communication of the Executive Engineer.
5. The petitioners state that Ext.P16 is per se illegal. As per Ext.P9 report, the 5th respondent-Electrical Inspector has stated that there should be a space of 2.6 metres for repair, maintenance and also in case of dangerous situation like extinguishing fire. In the existing position, the W.P.(C) No.14142/2024 :6: transformer is occupying a length of 4.75 metres and width of 4.5 metres. More than 3 metres is required for road widening and the balance space available will be only 1.5 metres. If the transformer is further shifted close to the petitioners' house, it would cause grave threat to the petitioners.
6. The counsel for the petitioners urged that under the Regulations and Schedule, there must have 2.6 metres safety working clearance, which will not be available after widening the road. The proposed shifting would violate the mandatory requirements under the Central Electricity Authority (Measurement relating to Safety and Electricity Supply) Regulations, 2010. The respondents are therefore compellable to shift the 500 KVA distribution transformer to another location.
7. I have heard the learned counsel for the petitioners, the learned Standing Counsel appearing for the 1st respondent, the learned Standing Counsel appearing for the 2nd respondent and the learned Government Pleader. W.P.(C) No.14142/2024 :7:
8. According to the petitioners, the 500 KVA distribution transformer is standing right in front of the residential house and it is erected close to the house. The transformer is creating health hazard to the life of the petitioners and their family. There is a proposal for road widening. If the road is widened as per the proposal, only 1.5 metres space will be available to install the transformer. The proposal of the respondents is to shift the transformer further close to the residential house of the petitioners.
9. Ext.P9 communication of the Electrical Inspector has stated that the transformer requires 2.6 metres safety working clearance and hence shifting of transformer further close to the residence of the petitioners would cause threat to the life of the people residing in the house. By Ext.P11 communication, the Assistant Engineer has stated that in view of the space constraints, the transformer cannot be shifted at the same location and it can be shifted only to the nearby property or can be shifted to the opposite side of BSNL property. Ext.P12 communication of the Assistant W.P.(C) No.14142/2024 :8: Engineer would indicate that the Kerala Road Fund Board which has been widening the road will have to allocate adequate space for shifting the transformer and that a joint inspection by KRFB, Special Tahsildar, PWD and KSEBL has been conducted on 27.02.2023 and suggested a new space near NSS Karayogam.
10. The schedule contained in the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2023 published by the Central Electricity Authority as per notification dated 08.06.2023 would indicate that for highest system voltage of 12 KV, there should be a safety working clearance of 2.6 metres. It is not disputed that the said safety working clearance will not be available if the transformer is shifted closer to the petitioners' residence.
11. Taking into account the statutory requirements and the health hazard faced by the petitioners, the respondents are compellable to shift the transformer to a safer place, in the interest of justice. W.P.(C) No.14142/2024 :9:
The writ petition is therefore disposed of directing respondents 2 to 4 to take steps to shift the transformer to a safer location as expeditiously as possible.
Sd/-
N. NAGARESH, JUDGE aks/15.05.2024 W.P.(C) No.14142/2024 : 10 : APPENDIX OF WP(C) 14142/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE TAX PAID RECEIPT SHOWING THE TAX PAID BY THE PETITIONER FOR THEIR PROPERTY DATED 30/12/2023 THANNDAPPER NO 49987 Exhibit P 1(a) A TRUE COPY OF THE TAX PAID RECEIPT SHOWING THE TAX PAID BY THE PETITIONER FOR THEIR PROPERTY DATED 30/12/2023 THANNDAPPER NO49988 Exhibit P2 THE CERTIFICATE ISSUED BY THE TRIVANDRUM CORPORATION SHOWING THE AGE OF THE RESIDENTIAL HOUSE AS 34 YEARS DATED 20/10/2022 Exhibit P3 A TRUE COPY OF THE DISCHARGE SUMMARY OF THE 1ST PETITIONER DATED 25/1/2022 Exhibit P4 A TRUE COPY OF THE MEDICATION AS PER THE PRESCRIPTION TAKEN BY THE FATHER OF THE 2ND PETITIONER Exhibit P5 A TRUE COPY OF THE MEDICAL PRESCRIPTION DATED 18/12/2023 ISSUED BY THE COSMOPOLITAN HOSPITAL PRIVATE LIMITED Exhibit P6 THE PHOTOGRAPHS OF THE RESIDENTIAL HOUSE IN EXHIBIT P1 PROPERTY OF THE PETITIONERS BEFORE RENOVATION Exhibit P7 PHOTOGRAPHS OF THE RENOVATED HOUSE AND THE DANGEROUS TRANSFORMER ERECTED IN FRONT OF THE HOUSE OF THE PETITIONERS Exhibit P8 A TRUE COPY OF THE REPRESENTATION DATED 24/8/2022 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT THE CHIEF ELECTRICAL INSPECTOR DATED 24/8/2022 Exhibit P9 A TRUE COPY OF THE DIRECTION OF THE ELECTRICAL INSPECTOR, THIRUVANANTHAPURAM UNDER THE 5TH RESPONDENT DATED 3/12/2022 Exhibit P10 A TRUE COPY OF THE REPRESENTATION DATED 9/2/2023 SUBMITTED BEFORE THE 4TH RESPONDENT W.P.(C) No.14142/2024 : 11 : Exhibit P11 A TRUE COPY OF THE COMMUNICATION DATED 24/2/2023 ISSUED BY THE ASSISTANT ENGINEER, 4TH RESPONDENT TO THE 2ND RESPONDENT Exhibit P12 A TRUE COPY OF THE COMMUNICATION DATED 14/3/2023 ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT Exhibit P13 THE PHOTOGRAPHS SHOWING THE PROGRESS OF ROAD WIDENING Exhibit P14 A TRUE COPY OF THE JUDGMENT IN WP(C) NO.467 OF 2024 DATED 22-01-2024 OF THIS COURT Exhibit P15 A TRUE COPY OF THE HEARING NOTE DATED 14/02/2024 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT Exhibit P16 A TRUE COPY OF THE ORDER DATED 11/3/2024 ISSUED BY THE 2ND RESPONDENT Exhibit P17 A TRUE COPY OF THE POSTAL COVER DESPATCHING EXHIBIT P16 Exhibit P18 THE ROUGH SKETCH PREPARED BY THE PETITIONERS SHOWING THE EXISTING POSITION OF THE TRANSFORMER AND THE ONE PROPOSED BY EXHIBIT P16 Exhibit P19 A TRUE COPY OF THE REPORT IN KERALA KAUMUDI DAILY DATED 28/2/2024