K.VINOD CHANDRAN, ASHOK MENON
Kerala State Electricity Board Ltd. – Appellant
Versus
Alwaye Rubex (P) Ltd. Represented by its Director Josey Thariyan – Respondent
VINOD CHANDRAN, J.
1. The appeals arise from three separate judgments in four writ petitions. The first of these judgments, which was followed in the other two, is impugned in W.A.No.803 of 2014. We, hence, take up for consideration first, the said writ appeal.
2. We have heard Sri.Raju Joseph, learned Senior Counsel appearing for the Kerala State Electricity Board [for brevity "the Board"] who is the appellant and Sri.A.A.Ziyad Rahman for the respondent in that appeal. The question raised is of legality of assessment under Section 126 of the Electricity Act, 2003 [for brevity “Act of 2003”]for exceeding the connected load. The essential challenge by the consumer is on two grounds: (i) the excess connected load alleged was approved by the Electrical Inspector and (ii) even if there is excess connected load as alleged; if the consumption does not exceed the contract load, there cannot be any penalty imposed.
3. On facts, it has to be noticed that an inspection was conducted by the Board on 17.02.2005. The respondent therein had a contract demand of 300 KVA and a connected load of 369 KVA as approved by the Electrical Inspector and the Board. There was detected an additional c
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