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
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.
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
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.
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
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.
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
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
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
