JUDGMENT

Mohammed Nias.C.P . J.

The Kerala State Electricity Board has filed this writ appeal challenging the judgment dated 24.08.2022 that dismissed the writ petition filed by the Board. The Board had challenged the appellate authority's order, Ext.P10, rendered in Appeal No.7 of 2019, preferred by the third respondent herein. By Ext.P10 order, the appellate authority found that an assessment has been made at two times the rate in LT VI F tariff for both the fixed charges and proportionate energy charges on account of the detection of the unauthorized additional load for a period of 12 months prior to the date of inspection. The Board relied on the judgment of this Court in

WP(C)No.31025 of 2008 and connected cases dated 12.04.2017 [ Sulabha Marketing Pvt. Ltd. v. Kerala State Electricity Board Ltd. [2017 (3) KHC 563] and set aside the final assessment order issued on 2.11.2018 and the assessing officer was directed to issue a revised assessment within 15 days at two times the rate in LT VI F tariff, for the fixed charges only on account of the unauthorized additional load of 6KW for a period of 12 months prior to the date of inspection as detailed in the judgment in Sulabha Marketing (supra). It is further held that no surcharge need to be levied during the appeal pending period, and the excess amount remitted shall be refunded with interest as per regulation 158 (18) of the Kerala Electricity Supply Code 2014.

2. The Board challenged the order of the appellate authority in the writ petition, and the learned single Judge after considering the rival contentions and relying on the judgment in Executive Engineer and Another v. Sri.Seetaram Rice Mill [ 2011 KHC 4978] as well as the decision in Sulabha Marketing (supra) held that only twice the fixed charge can be charged and no other charges and accordingly dismissed the writ petition

3. Being aggrieved by the dismissal, the Board has come up in appeal primarily contending that the decision relied on by the appellate authority as well as by the single Jude, namely Sulabha Marketing (supra), has been reversed by the Supreme Court in the judgment dated 16.12.2022 in Kerala State Electricity Board & Others v. Thomas Joseph Alias Thomas M J & others. Since we find that the very basis of the decision of the appellate authority, which was affirmed by this Court, has changed, the judgment under appeal needs to be reversed.

4. The learned counsel for the third respondent submits that other issues that were to be considered by the appellate authority were not considered as it followed the decision of this Court in Sulabha Marketing (supra). Accordingly, we allow the writ appeal filed by the Board. The judgment of the learned single Judge in

WP(C)No.14711 of 2021 dated 24.8.2022 is set aside. There will be a direction to the Kerala State Electricity Appellate Authority to consider Appeal No.7 of 2019 afresh as regards issues not covered by the judgment of the Apex Court noted above and pass fresh orders after affording an opportunity of being heard to the parties within a period of three months from today.

The writ appeal is allowed as above.

Sd/- A.K. JAYASANKARAN NAMBIAR, JUDGE Sd/- MOHAMMED NIAS C.P ., JUDGE

dlk/10.04.2023