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2025 Supreme(Ker) 1729
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J.
P.A. Kabeer S/o Bava Haji - Appellant
Versus
The Kerala State Electricity Board - Respondent
W.P. (C) Nos. 1815, 11975 of 2025
Decided On : 11-07-2025
Advocate Appeared:
For the Appellants : Augustine Joseph, George Renoy, K.K. Chandran Pillai
For the Respondents: Ajit Joy, B. Premod, Sreejith V.S.
IMPORTANT POINT
The Electricity Board's failure to process a consumer's application for load enhancement in a timely manner constitutes a violation of regulatory requirements, entitling the consumer to a deemed grant.
Headnote:
(A) Electricity Act, 2003 - Section 126 - High Tension consumer challenging unauthorized load assessment - Consumer sought implementation of the Appellate Authority's order, which was contested by the Board - The Appellate Authority found procedural lapses by the Board in processing the consumer's application for additional load and unauthorized use was not justifiable. (Paras 1 - 11 , 21-25)
(B) Regulatory Compliance - The Board failed to adhere to the timelines mandated for processing applications for load enhancement as per the Kerala State Electricity Supply Code, 2014. (Paras 16 - 18 )
(C) Consumer Rights - The court emphasized the consumer's entitlement to a deemed grant of application for load enhancement due to the Board's inaction. (Paras 17 - 21 )
Facts of the case:
The consumer, running a hospital, contested a provisional assessment for unauthorized load usage, claiming prior application for load enhancement was ignored by the Board.
Findings of Court:
The Appellate Authority's decision was upheld, indicating the Board's failure to process the consumer's application properly.
Issues: The main issues included the procedural adherence by the Board in processing the consumer's application and the justification of the unauthorized load assessment.
Ratio Decidendi: The court ruled that the Board's procedural lapses denied the consumer's rights and emphasized the importance of regulatory compliance in electricity supply matters.
Result: Writ Petition No. 1815/2025 allowed; Writ Petition No. 11975/2025 dismissed.
JUDGMENT :
1. W.P.(C) No.1815 of 2025 is filed by a High Tension (HT) consumer (hereinafter referred to as the 'consumer') seeking implementation of the order passed by the Kerala State Electricity Appellate Authority, that allowed the appeal preferred by him, challenging a final order passed under Section 126 of the Electricity Act, 2003 .
2. W.P(C) No.11975/2025 is filed by the Kerala State Electricity Board (hereinafter referred to as the 'Board') and its officials challenging the very same order passed by the Appellate Authority dated 04.06.2024.
3. The consumer availed a HT service connection bearing consumer number 1365570001628 (LCN - 15/4043) for running a hospital in the name and style ' Al Mas Hospital' under the jurisdiction of the respondent with a sanctioned connected load of 1015.896 kW and contract demand of 300 kVA under HT II B tariff. On 17.10.2022, the Anti Power Theft Squad of KSEBL, Palakkad, Malappuram and Thrissur units, along with section officials of Electrical Section, Kottakkal, conducted a surprise inspection, a provisional assessment of Rs.1,58,75,161/- was issued to the appellant on 09.11.2022 under Section 126 of the Electricity Act 2003, amended in 2007 (the Electricity Act for brevity), alleging usage of unauthorised additional load (UAL) of 683 kW over and above the sanctioned load including unauthorized extension to other premises.
4. The provisional assessment was confirmed, and a final order was issued by the respondent vide No. 116/2022-23/ dated 28/01/2023. Aggrieved by the same, the consumer filed WP(C) No. 6156/2023 on 21.02.2023 before this Court, which was later withdrawn, and an appeal was filed after complying with all statutory formalities.
5. The consumer contended that he had submitted an application to KSEBL for the prior approval of an additional requirement for 400kVA on 13.12.2019 as per regulation 99(1) and remitted AF and advance estimate amount. In continuation of the above application, he submitted a copy of the scheme approval dated 03.12.2020 from the Chief Electrical Inspector for a total load of 2054 kW on 08.12.2020. The delay in submission of the scheme was due to the COVID-19 pandemic. After that, the installation work of additional equipment was carried out, which was completed during May 2023. A copy of the work agreement and purchase invoices was submitted. Since the installation was not completed, an application was again submitted for enhancing the CD from 300 kVA to 480 kVA without changing the connected load to KSEBL on 18.02.2022.
6. After a lapse of four months, on 06.06.2022, a letter was received from the licensee intimating some defects. A reply to this letter was sent on 08.06.2022. After that, no action was taken by the licensee, and APTS inspected the premises on 17.10.2022, and the Board issued the assessment referred to above. The consumer had already taken steps for obtaining sanction from the licensee for connecting the additional load to the existing system, as well as for increasing the Contract Demand as per the provisions in Kerala Electricity Supply Code 2014. Since the electricity supply was for running a multi-speciality hospital, installation of additional equipment could not be carried out with a total shutdown, and hence the installation took a long duration for completion compared to other types of institutions or industries.
7. The energisation sanction for the additional load was obtained on 14.06.2023 from the Electrical Inspectorate, and the same was submitted with a completion report to the licensee for regularisation. The installation of additional equipment was started after obtaining necessary approval from the Electrical Inspector and completed only during May 2023. The energisation sanction was not obtained on 16.11.2022 as mentioned in the counter affidavit,which was only an extension of the scheme approval. The inspection by APTS and the assessment by the respondent were done during the time of installation and testing of addition
