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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
P.A. Kabeer S/o Bava Haji – Appellant
Versus
Kerala State Electricity Board – Respondent
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 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 gran....
Proper burden of proof concerning unauthorized load assessment lies with the utility provider, not the consumer.
Electricity - On a reading of Section 126 of the Act, 2003 and Regulation 27A, it is clear that a clear cut procedure is prescribed for dealing with unauthorised load, and merely because the Billing ....
The Electricity Appellate Authority acted within its jurisdiction in reassessing the duration of unauthorized load as per statutory requirements.
Procedures for assessing unauthorized electricity use can rely solely on record inspections without necessitating physical site reviews, as per Section 126 of the Electricity Act.
The assessment for unauthorized electricity use must be grounded in factual inspections and regulatory definitions, adjusting the calculation period accordingly.
The court established that the burden of proof lies on the consumer to demonstrate the actual period of unauthorized electricity use to challenge assessments under Section 126(5).
The court asserted that the Electricity Appellate Authority exceeded its jurisdiction in contravening statutory mandates under Section 126 while asserting a new method for assessing unauthorized elec....
(1) Unauthorised use of electricity – Overdrawal may lead to a disastrous situation being prejudicial to public at large – Overdrawal of electricity in excess of sanctioned/connected load may disturb....
The court ruled that the petitioner could not invoke writ jurisdiction due to the availability of an alternate remedy under the Electricity Act, and that the provisions of Regulation 153(15) were mis....
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