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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
THE KERALA STATE ELECTRICITY BOARD LTD. – Appellant
Versus
SHAHUDEEN MUSALIAR – Respondent
| Table of Content |
|---|
| 1. court examines appeals against the electricity appellate authority's orders. (Para 1) |
| 2. court discusses unauthorized loads and need for reassessment per earlier authority judgments. (Para 2 , 3) |
| 3. writ petitions allowed directing fresh orders under section 126. (Para 4) |
JUDGMENT
[WP(C) Nos.24916/2019, 23330/2019, 24913/2019]
In all these cases filed by the Kerala State Electricity Board, the orders passed by the Kerala State Electricity Appellate Authority are under challenge.
2. The appellate authority found that there were unauthorised additional loads in all cases. However, after finding so, the final assessment orders were set aside and the petitioner Board was directed to pass revised assessment orders in the light of the dictum laid down by the High Court in Sulabha Marketing (P) Ltd. v. Kerala State Electricity Board, Tvm and Others [2017 (3) KHC 563 (DB)], after affording an opportunity of hearing to the petitioners for computation of the penal amounts payable for the unauthorised additional loads. It was further held that no surcharge be levied during the appeal-pending period, and that any excess amount remitted shall be refunded with interest.
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