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2018 Supreme(Online)(Ker) 61552

IN THE HIGH COURT OF KERALA
Devan Ramachandran, J
Mahaboob M. A. v. Kerala State Electricity Board Ltd. Tvm and Others


Advocates:
For the Appellants/Petitioners: Sri.Johnson Gomes
For the Respondents: Sri.Sudheer Ganesh Kumar

1. A short question, but of some significance, arises in this writ petition in connection with the powers and jurisdiction vested with the Electricity Appellate Authority under the provisions of the Electricity Act, 2013 and the attendant Rules and Regulations.

2. The Appellate Authority in this case, appears apparently to amerce the petitioner in an appeal filed by him, by re - fixing a larger duration during which unauthorised load was detected in his premises, even though in the Final Assessment and demand made by the competent Authority of the Kerala State Electricity Board (KSEB for short) this period was much shorter. The petitioner asserts that without the KSEB challenging the shorter duration fixed in the final demand, the Appellate Authority was in error in modifying it, and that too in an appeal filed by him, wherein he had impugned the demand on various other grounds.

3. The petitioner thus predicates that the Appellate Authority has exceeded its powers and has acted unfairly in foraying into areas over which its jurisdiction had not been invoked.

4. To assess the tenability of these contentions, a quick look into the factual factors becomes first necessary.

5. The petitio

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