2025 Supreme(Online)(Ker) 53333
IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. Muhamed Mustaque, HARISANKAR V. MENON, JJ
SHYNA V. S., ASA CHANDRAN L. – Appellant
Versus
KERALA STATE ELECTRICITY BOARD LTD. – Respondent
W.A. NO.2309 OF 2025 | W.P.(C) NO.35014 OF 2025
For the Appellants/Petitioners: T. RAJASEKHARAN NAIR, SEBA A.A.
For the Respondents: B.S. SYAMANTHAK, A.ARUNKUMAR
The court emphasizes regulatory compliance and collective decision-making for public utility placements affecting residential areas.
Headnote:The Court addressed the relocation of a transformer in violation of safety regulations. The residents opposed the relocation due to safety non-compliance per Central Electricity Authority regulations. The District Collector is tasked to find a suitable site considering all parties. Verdict: Interim order continues until the final decision by the District Collector.
A. Muhamed Mustaque, J.
The relocation of an existing transformer is the subject matter of the litigation before this Court in these two separate proceedings, both at the instance of the residents near the Pettah-Anayara Road. For easier reference, the report dated 29.09.2025 of the Secretary, District Legal Services Authority, Thiruvananthapuram, along with the sketch, produced in W.A. No.2309 of 2025, is appended along with this judgment. Initially, the transformer was located in the area, which is earmarked as ‘A’ in the sketch. It is now sought to be relocated to the area earmarked as ‘B’ in the sketch. The residents, who live nearby, objected to the same. Thereafter, it was proposed to relocate to the area earmarked as ‘C’ in the sketch, where also the residents objected. Residents from both areas are before this Court in separate proceedings. It is pointed out by the learned counsel for the residents that the location of the transformer is very close to the residential buildings, which is in violation of the Central Electricity Authority (Measures Relating to Safety and Electric Supply) Regulations , 2023. According to the regulation, safety working clearance of a minimum of 2.6 meters should be maintained while locating the transformer, which is not followed in this matter. We are not going into the merits of the case. The relocation of the transformer is necessitated consequent upon the widening of the road. The widening of the road is being undertaken by the Kerala Road Fund Board, hence, it is appropriate for the District Collector, Thiruvananthapuram, to intervene in this matter. The learned counsel for the residents submits that there is enough space available in NSS Karayogam lane. It is appropriate for the District Collector, Thiruvananthapuram, to consider all aspects and find a suitable place for the relocation of the transformer after hearing all concerned parties.
Accordingly, with the following directions, these cases will stand disposed of:
i. The parties shall appear before the District Collector, Thiruvananthapuram, on 24.11.2025 at 11.00 a.m.
If it is inconvenient for the District Collector, he can suggest any convenient date.
ii. The District Collector shall hear both the parties, as well as the officials of the Kerala State Electricity Board, Kerala Road Fund Board and the Thiruvananthapuram Corporation. Thereafter, a decision shall be taken to identify the place to relocate the transformer.
iii. Till a final decision in the matter is taken by the District Collector, the interim order already passed in W.A. No.2309 of 2025, will continue. The impugned judgment in the writ appeal would stand set aside.