Authority's decision repealed due to misapplication of prior judgments regarding assessment revisions for unauthorized electricity consumption.

JUDGMENT

[WP(C) Nos.26517/2019, 23238/2019]

The writ petition is filed with the following prayers:

“i) issue writ of certiorari, any other, writ or order setting aside Exhibit P6 order dated 15-12-2017 in Appeal No.270 of 2017 of the Kerala State Electricity Appellate Authority;

ii) to declare that the Exhibit P4 final bill is in order and the respondent is liable to pay the same.

iii) issue any other writ or order or direction as this Hon'ble Cour may deem fit in the facts and circumstances of the case;”

2. When the matter is taken up, the learned Standing Counsel appearing for the respondent Board submits that the entire liability has been cleared by the 1^st respondent by availing the OTS scheme. This is recorded.

Accordingly, nothing further remains to be considered in this writ petition, and the same is closed as infructuous.

WP(C) No.23238/2019

3. The Kerala State Electricity Board challenges Ext.P7 order passed by the Kerala State Electricity Appellate Authority in an appeal preferred by the 3^rd respondent – consumer.

4. The 3^rd respondent was running an Industrial unit of manufacturing ice blocks. The electricity connection bearing Consumer No.3398 has been given to the unit under the LT IVA Industrial tariff with a sanctioned load of 16120 watts in the name of the late father of the petitioner. An inspection conducted by the Anti Power Theft Squad (APTS) on 18.01.2017 found some connected unauthorised additional load (UAL) of 5754 watts over and above a sanctioned load of 16120 watts. Accordingly, a provisional assessment order was issued, which culminated in the final assessment order dated 01.02.2017, revising the assessment to Rs.84802/-.

5. The 3^rd respondent – consumer had filed an appeal, which resulted in Ext.P7 order wherein the appeal was allowed. The Board was directed to revise the assessment order in terms of the judgment of this Court dated 12.04.2017 in W.P.(C) No.6993/2013 and connected cases ( Sulabha Marketing Pvt.Ltd v. KSEBL [ 2017 (3) KHC 563 ]) and Kerala State Electricity Board & Ors v. Thomas Joseph Alias Thoams M.J & Ors [AIR

2023 SC 126]

5. Challenging Ext.P7, the learned Standing Counsel for the Board submits that after having found that there was an unauthorised load, the Appellate Authority went wrong in directing revision of assessment based on the judgment in Sulabha Marketing (supra) as the said judgment was reversed in Thomas Joseph (supra).

6. Having gone through the impugned order and after hearing the learned counsel on both sides, it is clear that the appellate authority relied on the directions in Sulabha Marketing (supra), which cannot be sustained as the said judgment was reversed by the Honourable Supreme Court in Thomas Joseph (supra).

7. Accordingly, the Ext.P7 is quashed. The final assessment order issued by the Board is restored.

The writ petition is allowed as above.

Sd/-MOHAMMED NIAS C.P.