HARRISONS MALAYALAM LTD Vs. K S E B

JUDGEMENT

(1.) This is an original petition filed by a Company-Harrisons Malayalam Limited-challenging an order of the District Collector & Executive District Magistrate, Idukki (the third respondent in the O.P). Copy of the order is Ext. P7. This order was passed in a proceedings under S.16(1) of the Indian Telegraphs Act read with S.51 of the Indian Electricity Act, 1910.

(2.) The fourth respondent in the O.P. applied for an electric connection to his building No. 77A of Peruvanthanam Panchayat and the Kerala State Electricity Board being a statutory body constituted under S.5 of the Electricity (Supply) Act, 1948, is bound by the provisions of the Act to supply electric connection to the applicant. But, it was not possible to give electric connection without drawing the power line through the property of the petitioner.

(3.) The power line that has to be drawn is 11 K.V. service line. Petitioner herein objected the drawing of the line through the petitioner's property. Certain objections were raised by the petitioner regarding the feasibility of drawing the line through the property. According to the petitioner, the alignment chosen by the Kerala State Electricity Board is not the proper alignment and it was possible to draw the electric line through another alignment. In the objection, the petitioner has stated that avoiding his property, the power line can be drawn through the property of others. The authorities under the Kerala State Electricity Board considered the question and applied for the permission of the third respondent. The third respondent is the authority to act when a dispute of this nature arises.