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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
K.VIJAYAKUMARI – Appellant
Versus
KERALA STATE ELECTRICITY BOARD LIMITED – Respondent
| Table of Content |
|---|
| 1. insufficient evidence to support claims of theft. (Para 1 , 2) |
| 2. petition concerning refund claims for payments made. (Para 3) |
| 3. debate on refund entitlement based on prior assessment. (Para 4 , 5) |
| 4. court's directive based on findings with respect to payment. (Para 6) |
| 5. final judgment mandates repayment to petitioner. (Para 7) |
JUDGMENT
The petitioner was provided with a single-phase electricity connection bearing Consumer No.C1165333017905 with a connected load of 2560 watts under the LT 1A tariff by the first respondent Board. On an inspection conducted on 02.03.2020, it was found that the petitioner's meter was hanging upside down (in a toppled-over condition). The officials of the Board alleged theft of electrical energy and accordingly prepared a site mahazar, after which the service connection was disconnected.
2. A provisional assessment order was also issued under Section 126 of the Electricity Act for an amount of Rs.77,363/- on 02.03.2020. The petitioner paid the entire amount on the same day, and Ext.P2 is the receipt showing the same. The petitioner had compounded the offence under the provisions of Section 152 of the , for which he had to pay an amoun
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