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2025 Supreme(Online)(Ker) 53579

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
KERALA STATE ELECTRICITY BOARD LIMITED – Appellant
Versus
AMBILI M.S – Respondent


Advocates:
For the Appellants/Petitioners: ADV SHRI.ANTONY MUKKATH
For the Respondents: SRI.ARUN BABU, SHRI.ANEESHRAJ R., SHRI.G.HARIPRASAD, SHRI.B.PREMOD

Table of Content
1. initial assessment was for unauthorized use under erroneous tariffs. (Para 1 , 2 , 3 , 4 , 5)
2. the appellate authority's findings conflicted with prior judgments on tariff. (Para 8 , 10 , 11 , 12 , 13 , 14)
3. restoration of the original assessment for compliance with section 126 of the act. (Para 15 , 16)

J U D G M E N T

The Kerala State Electricity Board and its official challenge Ext.P6 order passed by the Kerala State Electricity Appellate Authority in Appeal No.280 of 2023, filed by the 1st respondent herein against the final assessment order made under Section 126 of the Electricity Act , 2003.

2. The 1st respondent herein, the consumer, was granted a three-phase electricity connection bearing Consumer No.1145590013685 under LT VIIA, commercial tariff with a sanctioned connected load of 6990 Watts. On a surprise inspection of the premises on 05.04.2023, an unauthorised extension of supply to a nearby HT premises was detected, whereby a load of 24210 Watts was used for construction activities for a period of 12 months under the HT II B tariff, leading to a provisional assessment order, which was confirmed after hearing the consumer, through the final assess

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