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2010 Supreme(Ker) 1009

THOTTATHIL B.RADHAKRISHNAN, P.BHAVADASAN
P. Krishnan, S/o. Ponnu – Appellant
Versus
Prema, Padinjare Veedu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. D. Krishna Prasad, Smt. O.K. Santha, Smt. P.L. Mary Treasa
For the Respondent: Sri. P.P. Thajudeen, SC, Sri. P.R. Venketesh, Government Pleader, Sri. P.R. Raja

ORDER :

Thottathil B. Radhakrishnan, J.

1. This appeal arises from a claim for compensation relating to an incident of electrocution. When this matter came up for admission, we thought it necessary to look into the matter as to the alertness of the competent authorities regarding probable unauthorized use of electrical energy to charge metal wire fencings over larger tracts of agricultural lands, particularly, in the districts of palakkad and kasaragod. We therefore, in order dated 6.8.2010, posed the question as to whether there is any law under which the Electricity Board authorizes the use of electrical fencing, even on payment of fee; if so, what are the safeguards that the Board takes in that regard and if no such electrical connections are given under the authority of the Board, what vigilance is maintained by its officials, the district administration and subordinate revenue authorities to prevent loss of lives by electrocution.

2. When a report from the Board came in that regard, we found that the suspicion that we had, gathered further support. The Board has placed on record a circular issued by it on 14 May 2008, which states that the Deputy Chief Engineer of palakkad has re

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