Ushakumari vs Kerala State Electricity Board and Others

Honourable Mr. V. Chitambaresh, J.—The Writ Petition concerns the possibility of removing support posts to the electric post carrying 11 KV line for the Kerala State Electricity Board (KSEB for short). This was the subject matter of Writ Appeal Nos. 554 and 562 of 2012 disposed of by Ext. P8 judgment wherein it was held as follows:

In any case, being a technical matter and since appellant has offered to meet the additional costs required for installing support posts nearer or to substitute existing posts with stronger ones, we direct the Executive Engineer to personally examine whether support posts can altogether be dispensed with by replacing existing posts with stronger ones buried deeper in the earth or at least whether support could be made closer to reduce inconvenience.

The fourth respondent Assistant Engineer has by Ext. P9 notice directed the petitioner to remit a sum of Rs. 18,105/- towards the expenses for reducing the inconvenience by support posts. The complaint of the petitioner is that the KSEB is only reducing the distance between the support post and the main post by 30-50cms which will not obviate inconvenience. The question whether the distance between the main post and the support post could be further reduced or whether the support post could altogether be dispensed with by reinforcing the bottom of the main post with concrete are all technical matters. Ext. P11 is the representation submitted by the petitioner and pending with the fourth respondent which reflects the suggestions offered by the petitioner to reduce his inconvenience. The petitioner contends that support posts can as well be placed in the manner depicted in Ext. P10 series photographs produced in the writ petition.

I direct the third and fourth respondents to consider Ext. P11 representation on merits after affording to the petitioner an opportunity of being heard in the matter. This is subject to the condition that the petitioner deposits the sum of Rs. 18105/- demanded by the fourth respondent towards the expenses for dismantling the existing support posts and refixing the same.

The suggestions offered by the petitioner shall be taken into consideration in disposing Ext. P11 representation by respondents 3 and 4. The entire exercise shall be completed within a period of two months from the date of receipt of a copy of this judgment. It is enough if the petitioner is represented by her agent in the hearing proposed to be conducted by respondents 3 and 4 on Ext. P11 representation when the sum of Rs. 18105/- demanded is deposited.

No further directions are called for and the Writ Petition is disposed of.