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Sujith Chandran R vs Kerala State Electricity Board
2026 Latest Caselaw 1892 Ker

Citation : 2026 Latest Caselaw 1892 Ker
Judgement Date : 20 February, 2026

[Cites 1, Cited by 0]

Kerala High Court

Sujith Chandran R vs Kerala State Electricity Board on 20 February, 2026

WP(C) NO. 43933 OF 2025             1        2026:KER:15669

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

 FRIDAY, THE 20th DAY OF FEBRUARY 2026 / 1ST PHALGUNA, 1947

                  WP(C) NO. 43933 OF 2025

PETITIONER:

         SUJITH CHANDRAN R, AGED 50 YEARS,
         S/O N RAMACHANDRAN NAIR (LATE),
         WORKING AS SENIOR ASST. PUBLIC PROSECUTOR,
         SAROVARAM KADAKULAM, PLAMOOTTUKKADA P O,
         THIRUVANANTHAPURAM, PIN - 695128

         BY SUJITH CHANDRAN R,(PARTY-IN-PERSON)

RESPONDENTS:

    1    KERALA STATE ELECTRICITY BOARD,
         VIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM,
         REPRESENTED BY ITS MANAGING DIRECTOR,
         PIN - 695004

    2    ASSISTANT ENGINEER,
         KSEB, ELECTRICAL SUB DIVISION, KUNNATHUKAL,
         PARASALA, THIRUVANANTHAPURAM, PIN - 695004

    3    SUMA, AGED 45 YEARS,
         ASSISTANT EXECUTIVE ENGINEER, KSEB ELECTRICAL
         SECTION, KUNNATHUKAL, PARASALA,
         THIRUVANANTHAPURAM, PIN - 695004

         BY ADV SRI.AJIT JOY
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING

ON 20.02.2026, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:
 WP(C) NO. 43933 OF 2025                 2          2026:KER:15669



                             JUDGMENT

This writ petition is filed challenging Ext.P8 order passed by

the Electricity Ombudsman, affirming the dismissal of the

complaint preferred by the petitioner before the Consumer

Grievance Redressal Forum.

2. The petitioner contends that he owns 24 cents of property

at Mooverikkara near Kunnathukal, and during Covid-19 period, an

electrical service wire was drawn through the middle of his

property, without consent. It is further stated that the Board had

estimated an amount of Rs.8,050/- for rerouting the service line

through Ext.P3 communication. Making the same allegations, the

petitioner approached the CGRF, which found by its order dated

20.06.2025, Ext.P6, that the line was already drawn through the

property even before the purchase by the petitioner herein and that

the estimated amount of Rs.8,050/- for changing the same, was in

tune with Regulation 95 of the Kerala State Electricity Supply Code, WP(C) NO. 43933 OF 2025 3 2026:KER:15669

2014.

3. Accordingly, the CGRF found that the petitioner has to

deposit the required estimated amount for carrying out the shifting

work. Aggrieved by the said order, the petitioner moved the

Electricity Ombudsman, who also found that the petitioner had

purchased the property during 2016, whereas the service

connection to the neighbour's property was given during 10/1992.

It is also stated that the service connection for the connection to

Mr.Stephen's house was taken from the post situated at the

beginning of the petitioner's boundary, and a weather-proof service

line for a single-phase power supply was taken from it. This was

also done before the petitioner purchased the property. During

November 2024, the petitioner made a request for shifting the post

consequent to the widening of the road by the PWD. The licensee

then directed the petitioner to remit the estimated amount, which

he refused to pay, as his case was that a service line was drawn

through the middle of his property without his consent. WP(C) NO. 43933 OF 2025 4 2026:KER:15669

4. A counter affidavit has been filed by the Board, which reads

as follows.

"4. ln para 2, the contentions raised by the petitioner are incorrect. The service wire passing through the comer of Sri. R. Sujith Chandran's (petitioner's) property was installed many years ago to provide electricity connection to Mr. Stephen's (neighbor) house, bearing consumer number 1146676000718. As per office records, the date of connection was 01/10/1992, and there has been no change in the alignment of the service wire for the last 10 years. The only services carried out in respect of the said connection are "Section-initiated meter change" on 05/12/2021 and "Temporary extension" on 04/03/2022. No other services have been rendered in respect of the said connection. In support of this contention, screenshots of the consumer profile and applicant profile are produced herewith and marked as Exhibit R1(a). It is also submitted that there is no pathway for vehicular entry into the petitioner's property, which is densely vegetated with wild herbs.

5. In response to para 3, it is stated that, In November 2024, road widening work was undertaken on the road in front of the petitioner's property. Pursuant to a request from the PWD authorities for shifting the pole (from which the alleged weatherproof wire is drawn), the pole WP(C) NO. 43933 OF 2025 5 2026:KER:15669

was shifted to the side of the road after the remittance of the shifting charges by the PWD under the deposit work scheme.

The petitioner's demand was to shift the existing HT/LT pole further along the road so as to move the service wire outside his property, at the expense of PWD funds. This is not technically feasible and would amount to misuse of public funds."

The above statements are recorded.

5. Given the above, the request of the petitioner to shift the

line without paying the estimated amount cannot be accepted,

more particularly in view of Regulation 95 of the Kerala State

Electricity Supply Code, 2014. The petitioner's case that the line was

drawn during Covid period without his consent is not supported by

any material. If the petitioner has a dispute that the line drawn to

give connection to his neighbour was without his consent, his

remedy is to move the Additional District Magistrate under the

provisions of the Telegraph Act. Since the petitioner himself has

made a request for shifting of the line and the Board directed him

to pay the estimated amount, the petitioner cannot be aggrieved by WP(C) NO. 43933 OF 2025 6 2026:KER:15669

the same, as no shifting can be done without making the above

deposit.

Under such circumstances, I am not inclined to grant any

relief to the petitioner and the writ petition is dismissed, without

prejudice to his right to move under the Telegraph Act, if so

advised.

Sd/-

MOHAMMED NIAS C.P. JUDGE

DMR/-

WP(C) NO. 43933 OF 2025 7 2026:KER:15669

APPENDIX OF WP(C) NO. 43933 OF 2025

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE ORDER DATED 31.10.2025 ISSUED BY DIRECTOR GENERAL OF PROSECUTION, KERALA PERMITTING HIM TO APPEAR IN PARTY IN PERSON.

Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 18.11.2024 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

Exhibit P3 THE TRUE COPY OF THE REPLY LETTER ISSUED BY THE 1ST RESPONDENT DATED 20.11.2024.


 Exhibit P4       THE TRUE COPY OF THE REPRESENTATION
                  DATED   23.11.2024   SUBMITTED  BY   THE
                  PETITIONER    BEFORE     THE   EXECUTIVE
                  ENGINEER.

 Exhibit P5       THE TRUE COPY OF THE REPLY LETTER DATED

14.02.2025 ISSUED BY THE 1ST RESPONDENT.

Exhibit P6 THE ORDER WAS PASSED BY THE GRIEVANCE REDRESSAL FORUM AND THE TRUE COPY OF THE ORDER DATED 20.06.2025 ISSUED BY CONSUMER GRIEVANCE REDRESSAL FORUM, KSEB SOUTHERN REGION KOTTARAKKARA.

Exhibit P7 THE TRUE COPY OF THE COMPLAINT DATED 09.07.2025 ISSUED BY THE PETITIONER BEFORE THE KERALA STATE ELECTRICITY OMBUDSMAN.

Exhibit P8 A TRUE COPY OF THE ORDER DATED 16.09.2025 OF THE KERALA STATE ELECTRICITY OMBUDSMAN IN APPEAL PETITION NO. P/048/2025.

RESPONDENTS' EXHIBITS

Exhibit R1(a) THE TRUE COPY OF THE SUPPORT OF THIS CONTENTION SCREENSHOTS OF THE CONSUMER WP(C) NO. 43933 OF 2025 8 2026:KER:15669

PROFILE AND APPLICANT PROFILE.

Exhibit R1(b) THE TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT ALONG WITH THE ESTIMATE.

// TRUE COPY //

P.A. TO JUDGE

 
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