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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P.
M.Kani, S/o. Manuel – Appellant
Versus
Kerala State Electricity Board Limited – Respondent
| Table of Content |
|---|
| 1. implementation of appellate authority orders (Para 1 , 2 , 3 , 4) |
| 2. maintenance of appeal provisions in theft cases (Para 5 , 6 , 7 , 8) |
| 3. correct calculation methodologies in assessments (Para 9 , 10) |
JUDGMENT :
MOHAMMED NIAS C.P., J.
W.P.(C) No.22476 of 2024 seeks the implementation of the order passed by the Kerala State Electricity Appellate Authority dated 30.01.2024. W.P.(C) No.43778 of 2024 is filed by the Electricity Board challenging the very same order of the Appellate Authority. The petitioner in W.P.(C) No.22476 of 2024 is described as the Consumer, and he is the second respondent in the writ petition filed by the Board.
2. On 08.03.2023, at about 11.45 am, there was an inspection in the premises of the Hotel owned by the second respondent, consumer, by the Anti Power Theft Squad. Following the inspection, it was alleged in the mahazar that the Consumer had indulged in an illegal abstraction of electricity by connecting a PVC wire from the incoming terminal of the Single-Phase Energy Meter, extending the supply for carrying out construction works on the eastern side of the Hotel, which resulted in an additional load of 7340W. Thus, it was alleged that the
The appeal under Section 127 is not maintainable for cases involving theft under Section 135 of the Electricity Act; proper calculation methods must be followed for assessments related to electricity....
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....
The court established that consumers must follow statutory procedures for contesting electricity theft assessments and that reconnection is contingent upon compliance with these procedures.
Refund mandated for amounts paid under unfounded allegations of theft as no evidence was presented.
The assessing officer has no authority to pass any order regarding assessment of liability and penalty against a consumer if proceedings for theft under Section 135 of the Electricity Act, 2003 are i....
The appellate authority's flawed assessment was set aside due to lack of justification and reliance on a reversed judgment.
Electricity - Unauthorized use of electricity - Assessment of electricity charge contemplated in this section is immediately after disconnection but before lodging complaint and that too for the purp....
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