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2021 Supreme(Ker) 378

SHAJI P.CHALY
K. A. Azeez, S/O. Late K. Abdu – Appellant
Versus
Kerala State Electricity Board Vydhyudhibhavanam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.Lal K.Joseph, Sri.P.Muraleedharan (Thuravoor), Advs.
For the Respondent: Sri.Sudheer Ganesh Kumar R., Sc, Sri.P.P.Thajudeen, SC, Adv., Sri.S.Sreekumar, Adv., Sri.T.R.Rajan SC, Adv., Sri.Aneesh James, Sri.S.Sujin, SC, Sri.Sudheer Ganesh Kumar, SC

JUDGMENT :

The petitioner, one of the Directors of a company namely West Rock Properties Ltd., registered under the Companies Act engaged in the business of property development, challenges Regulation 51(1) of the KSEB Terms and Conditions of Supply, 2005 and to declare the said provision as ultra vires of the Electricity Act, 2003 (‘Act, 2003’ for short) and also to quash Ext.P1 invoice, Ext.P2 notice, Ext.P9 order dated 27.01.2010 passed by the 4th respondent -Assistant Engineer of the Kerala State Electricity Board Ltd (K.S.E.B Ltd), Ext.P11 order dated 07.02.2008 issued by the first respondent K.S.E.B Ltd making certain clarifications with respect to the manner in which penalty is to be imposed for the unauthorised connected load provided under Section 126 of the Act, 2003 and Ext.P12 demand notice directing the petitioner to pay an amount of Rs.8,75,902/-, failing which recovery action was threatened.

2. Brief material facts for the disposal of the writ petition are as follows:

The petitioner has availed an electricity connection having consumer No. 18147 in his personal ca

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