IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH WEDNESDAY, THE

7TH DAY OF AUGUST 2024 / 16TH SRAVANA, 1946 WP(C) NO. 19750 OF 2024 PETITIONER/S:

JOHN P L AGED 45 YEARS S/O. P. E. LOUIS, PULIKOTTIL HOUSE, ARIKANIYOOR P.O, KANDANASSERY, THRISSUR DISTRICT, KERALA, PIN - 680102 BY ADV T.R.RAJAN RESPONDENT/S:

1 THE KERALA STATE ELECTRICITY BOARD LTD VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY (ADMINISTRATION), PIN - 695004 2 THE ASSISTANT EXECUTIVE ENGINEER THE KSEB LTD, ELECTRICAL SUB DIVISION, GURUVAYOOR, THRISSUR DISTRICT, PIN - 680101

3 THE ASSISTANT ENGINEER THE KSEB LTD, ELECTRICAL SECTION, GURUVAYOOR, THRISSUR DISTRICT, PIN - 680101 BY ADV Riji Rajendran THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 07.08.2024, ALONG WITH WP(C).15983/2023, 9164/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH WEDNESDAY, THE

7TH DAY OF AUGUST 2024 / 16TH SRAVANA, 1946 WP(C) NO. 15983 OF 2023 PETITIONER/S:

JOTHY LAKSHMI, AGED 45 YEARS [CONSUMER NO. 1156001030683], AGED 45YEARS, W/O SREEKUMAR, LAKSHMIPURAM HOUSE, PERUMBAVOOR, PIN - 683542 BY ADVS. P.THOMAS GEEVERGHESE; TONY THOMAS (INCHIPARAMBIL)

E.S.FIROS RESPONDENT/S:

1 KERALA STATE ELECTRICITY BOARD LTD., REPRESENTED BY ITS MANAGING DIRECTOR, VIDHUDI BHAVAN, THIRUVANANTHAPURAM, PIN - 695001

2 ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KOTHAMANGALAM, PIN - 686691

3 KERALA STATE ELECTRICITY APPELLATE AUTHORITY, CC 51/52, NEAR 110KV SUBSTATION, VYTTILA, KOCHI, PIN - 682019 BY ADV RIJI RAJENDRAN THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 07.08.2024, ALONG WITH WP(C).19750/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH WEDNESDAY, THE

7TH DAY OF AUGUST 2024 / 16TH SRAVANA, 1946 WP(C) NO. 9164 OF 2024 PETITIONER/S:

1 M/S TRADELINES, AGED 52 YEARS REPRESENTED BY DINESH P.N, MANAGING PARTNER HARITHANAGAR, KAZHCHAPARAMBU, PIN - 678701

2 DINESH P.N, AGED 52 YEARS MANAGING PARTNER, M/S TRADELINES, HARITHANAGAR, KAZHCHAPARAMBU PALAKKAD DISTRICT., PIN - 678701 BY ADV P.BHASKARAN RESPONDENT/S:

1 KERALA STATE ELECTRICITY BOARD LTD REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN - 695004

2 ASSTISTANT ENGINEER ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD LTD, KUZHALMANNAM, PALAKKAD DISTRICT, PIN - 678702 BY ADV Riji Rajendran THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 07.08.2024, ALONG WITH WP(C).19750/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT [WP(C) Nos.19750/2024, 15983/2023, 9164/2024]

In all these three petitions, common questions of law and fact are involved.

2. These writ petitions have been filed impugning the demand notices issued by the respondent Board for short payment charges and interest under the provisions of section 126 of the Electricity Act 2003 after the Supreme Court’s judgment in Kerala State Electricity Board v. Thomas Joseph alias Thomas, [2023 (1) SN (C.No.26) SC] 3. The petitioners were assessed under Section 126 of the Electricity Act 2003 for twice the fixed charges and the energy charges for the alleged unauthorized use of electricity by the petitioners. Aggrieved by the assessment orders, the petitioners’ filed appeals before the Kerala State Electricity Appellate Authority against the assessment orders issued under Section 126 of the Electricity Act 2003. The Appellate Authority set aside the final assessment orders and directed the Assessing Authority to revise the assessment at twice the rate for the fixed charges only on account of the unauthorized additional load of the petitioners. The Appellate Authority had placed reliance on the decision of the Division Bench of this Court in Sulabha Marketing Pvt. Ltd v.

Kerala State Electricity Board, Thiruvananthapuram, [(2017) 4 KHC 563]

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