ANIL K. NARENDRAN, J.

These writ petitions and writ appeals came up for consideration before this Bench based on an order of reference made by a learned Single Judge dated 17.8.2015 in W.P.(C) Nos. 2159 of 2009, 6993 of 2013, 13322 of 2013 and 22644 of 2015 observing that an authoritative pronouncement on the quantification of penalty under Section 126(6) of the Electricity Act, 2003 is essential since innumerable cases crop up everyday challenging the orders imposing penalty involving excess load. Based on the order of reference, the above said writ petitions and other tagged matters, i.e., W.P.(C) Nos.31025 of 2008, 12383 of 2016, 3206 of 2016, 3842 of 2016, W.A.No.1705 of 2012 and W.A.No.422 of 2014 were placed before us for hearing, by the orders of the Hon'ble Chief Justice. The common issue in these cases relates to the assessment under Section 126(1) of the Electricity Act, 2003 read with Section 126(6) of the said Act of a consumer indulging in 'unauthorised use of electricity'.

2. We heard the learned counsel for the petitioners/appellants in the respective writ petitions/writ appeals and also the learned Senior Counsel for the respondents/Kerala State Electricity