The Hindu : Upa Loka Ayukta ruling on restoration of power connection

Online edition of India's National Newspaper
Wednesday, Apr 30, 2003

Southern States

Southern States - Kerala-Thiruvananthapuram

Upa Loka Ayukta ruling on restoration of power connection

By Our Staff Reporter

THIRUVANANTHAPURAM April 29. The Upa Loka Ayukta, T. V. Ramakrishnan, today directed the Kerala State Electricity Board (KSEB), to energise the power connection laid to the house of one G. Krishnan, a poor labourer with a disabled child, residing at Iythiyoor in Balaramapuram.

The order was given on the basis of a complaint filed by G. Krishnan before the Loka Ayukta. The complainant, along with two other neighbours, had submitted an application for electric connection at the KSEB section office, Balaramapuram in September 2002.

After inspecting the locality, the KSEB engineers decided to grant connection to the applicants by laying underground cable from a post (no: BVI.38/8A) standing one meter from the panchayat public road and in the property of one Kottamvilakam Chandran. Mr. Krishnan remitted Rs 3,250 as per the regulations required for a power connection under the O.Y.E.C. scheme. The cables were laid to the house of Mr. Krishan and the two other applicants.

According to Mr. Krishnan, he received electricity for half-an-hour on September 28, 2002 after which the power was disconnected. However, the KSEB officials stated before the Loka Ayukta that no power was given at any point to Mr. Krishnan. Moreover, the KSEB informed the forum that it had moved the district collector for an appropriate decision on an objection raised by Chandran, on whose property the post stands, under section 16 (1) of the Indian Telegraph Act and Section 51 of the Indian Electricity Act.

The Upa Loka Ayukta found that the KSEB had taken all necessary steps to give connection to Mr. Krishnan. The underground cable was laid up to a length of one metre through Chandran's property. The only remaining thing to be done was to transmit power through the line.

The Upa Loka Ayukta found that as such no more entry into the land of Chandran is required to have access to the post already existing in his property. Free access to the post cannot be reasonably be objected to by anybody, including the owner of the property in which it stands. Moreover, operations to be done from the post by KSEB employees cannot be objected to by anybody.

Mr. Ramakrishnan ruled that refusal to grant connection to the complainant in the case can be considered only as "unjust, illegal and oppressive and as such an act of maladministration.''

He pointed out that as the underground cables had already been laid up to the post existing in Mr. Chandran's property. Prima facie there was no scope for invoking the powers of the District Collector under sections of the Telegraph Act or the Indian Electricity Act.

At the time of laying the cable, no objection was noted. Hence, the proceedings initiated by the KSEB seem to be misconceived. The Upa Loka Ayukta said that it was not necessary to express any final opinion in the matter at this stage.

Mr. Ramakrishnan directed the KSEB to give connection to Mr. Krishnan at the earliest and to seek police aid if there is any kind of impediment to carrying out the order. The connection has to be given at the earliest and the matter reported back to the Loka Ayukta within a week's time.

The Upa Loka Ayukta noted that the connection granted on the basis of his order would be subject to further directions issued in this complaint or from other statutory authorities or courts of law.

The respondents in the case are Assistant Engineer (Electrical Major Section), Balaramapuram, Executive Engineer, KSEB office, Neyyatinkara, the Secretary, Kerala State Electricity Board, Vydhuthi Bhavan, Pattom and Sub Engineer, KSEB office, Balaramapuram.

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