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2010 DIGILAW 792 (KER)

P. Krishnan, S/o. Ponnu v. Prema, Padinjare Veedu

2010-10-12

P.BHAVADASAN, THOTTATHIL B.RADHAKRISHNAN

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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 reported that some agriculturists and also antisocial elements' used to tap electrical energy directly from the electric lines to their iron fencings. This, even to the Board, is causing serious damage to its installations and creating chaos among the public at large. The Board also records the suggestion of the Electric Inspector that the punishment for theft of power may include such actions also. Detailed instructions were accordingly issued with the Board. 3. Unauthorised tapping of electrical energy even from the main supplies for energising iron fencing, in agricultural fields and elsewhere, is obviously against public interest. This is not only because it depletes resources of the Board but it causes grave danger to human life as also of animals. The Board does not provide energy for fencing; it is so submitted on behalf of the Board. Therefore, taking note of the fundamental right to life as guaranteed by the constitution of India, in article 21 thereof, it is necessary to ensure that none energises any fence, in any manner, utilising power from any installation of KSE Board. The Board does not provide energy for fencing; it is so submitted on behalf of the Board. Therefore, taking note of the fundamental right to life as guaranteed by the constitution of India, in article 21 thereof, it is necessary to ensure that none energises any fence, in any manner, utilising power from any installation of KSE Board. Recording that this is a matter that falls within article 21 of the constitution, we directed the District collectors and Revenue Divisional' officers of palakkad and Kasaragod districts to forthwith take all necessary measures as are called for, to provide adequate preventive measures against such illegal activities. This was intended to ensure that no instance of electrocution takes place as a result of fencing energised unauthorizedly. By the said order dated 18 August 2010, we had directed the Chief Conservator of Forests and the Director General of Police to Issue immediate clear instructions requiring the concerned police and forest officials to ensure that the said order is given effect to in letter and spirit, without fail. 4. Following that, we find the submission of the District collector of Palakkad saying that insofar as that district is concerned, there is already a District' Level Committee functioning for prevention of electrical accidents under the chairmanship of the District collector and that meetings of that committee are convened In regular intervals to monitor the electrical accidents and to take precautionary and remedial measures to avoid such incidents. It is also stated that the committee used to review all types of electrical accidents. The District collector/the chairman used to issue strict directions to the Board and Government department officials to maintain strict vigilance to prevent loss of lives due to electrical accidents in any manner. 5. We had also requested the chief Electric Inspector to provide a report as to what preventive action could be taken to prevent flow of electrical energy to fences. The Electric Inspectorate was to provide suggestions. 6. Following the aforesaid order, report has been filed by the chief Electrical Inspector of the Government of Kerala. The said report says that electric fencing is provided in hilly areas to protect the agrarian products and human beings from attack of wild animals and for energising such fencing, equipment called "Electric Fence Energiser" is to be used. 6. Following the aforesaid order, report has been filed by the chief Electrical Inspector of the Government of Kerala. The said report says that electric fencing is provided in hilly areas to protect the agrarian products and human beings from attack of wild animals and for energising such fencing, equipment called "Electric Fence Energiser" is to be used. This equipment is covered by the specifications given in section 76/Part 2 of IS 302-2-76(1999) (safety of Household and similar Electrical Appliances -Part 2 particular requirements - Section 76 Electric Fence Energizers). As per those specifications, the Electric Fence Energiser is normally a Battery-operated one, with an impulse generator and the battery can be charged by using 240 V supply. The report also vividly states the specifications regarding the energiser as regards output, impulse etc. However, the Electrical Inspectorate says that there is a tendency among some people to resort to the illegal act of energising the fence by directly connecting the low tension supply of 240 V, which is not intended to energise electric fencings. Inspectorate further cautions that such supplies, when given directly to the fencing, legally or illegally, would only be dangerous to any unsuspecting victim, either human or animal, that may come in contact with the fencing and such contact may often be fatal. The report says that the flow of electrical energy in any magnitude detrimental to safety cannot be prevented if it is directly connected from 240 V source. The Inspectorate further says that electrical fence energised by energiser designed as per the specifications will not cause any accident and the only solution to the problem is to ensure that Electric Fence Energiser as per the standard specification IS 302-2-76(1999) is used. The chief Electrical Inspector has also placed on record the specifications by the ISI in that regard. The Inspectorate further says that electrical fence energised by energiser designed as per the specifications will not cause any accident and the only solution to the problem is to ensure that Electric Fence Energiser as per the standard specification IS 302-2-76(1999) is used. The chief Electrical Inspector has also placed on record the specifications by the ISI in that regard. With all the aforesaid materials, and taking into consideration the public interest involved in protecting the life and property of those who will face unexpected and untold disaster owing to 'unlawful and unauthorised use of electric fencings, it is hereby ordered that the Government of the State of Kerala and its officers as also the KSE Board and its officers would ensure' that adequate preventive measures are taken against unauthorised electric fences and it shall be ensured that no electric fence is used anywhere in the State of Kerala except in terms of the recommendations of the chief Electrical Inspector that such electric fences can be permitted to work only on the strength of Electric Fence Energisers in terms of ISI specifications governing such appliances. It is so ordered. Issue copy of this order to the learned government pleader and the standing counsel for the KSE Board.