Stating that the electricity connection is an integral part of the right to life, the Kerala High Court has held that it is a statutory duty to supply electricity to the Kerala State Electricity Board (KSEB) within a month of receipt of the application for the electricity connection.
Justice Murali Purushothaman dismissed a petition by two KSEB engineers saying, “Water and electricity are an integral part of the right to life within the meaning of Article 21 of the Constitution of India. Section 43 of the Electricity Act provides that there is a statutory duty on the distribution licensee to provide the electric connection to the applicants within one month after the receipt of the application for the requirement of such supply. The KSEB is the sole distribution licensee for electricity within the state and hence the board and its officials will make every effort to provide electricity supply to the applicants without any delay. “
The court comments KN Rabindranathan, Assistant Executive Engineer and K.K. Kieran, Assistant Engineer, came on a petition filed by KSEB, challenging the regulatory commission’s order imposing fine of ₹ 50,000 and ₹ 25,000 respectively for not providing electricity connection to PS Sanudinedin. Of Malappuram.
The court found that to light a bulb in his small house, Sinuddin had to run from pillar to post. An order from the Consumer Grievance Redressal Forum (CGRF) of KSEB in his favor could not spread darkness at his house and the State Electricity Regulatory Commission fined two officials for delay in providing electricity connection.
Sinuddin applied for an electrical connection to his newly constructed house on May 20, 2013, before the Assistant Engineer, Electric Section, Adarikkode. But it was rejected by the petitioners stating that the house was constructed without placing minimum distance from the low tension electric line. (LT line) and that the electric connection can be given only after shifting the electric line. Despite instructions from the Consumer Grievance Redressal Forum and the Electricity Ombudsman, KSEB engineers delayed implementation of the directive to provide connections.
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