SABITH.B Vs. KERALA STATE ELECTRICITY BOARD LIMITED

JUDGEMENT

(1.) The petitioner herein is the proprietor of M/s Hanna Poly Products, a unit engaged in the manufacturing of plastic cans. The said establishment is a HT consumer with the 1 st respondent. Electricity is provided to the petitioner under HT Tariff with contract demand of 70 KVA and connected load of 99KW.

(2.) The Anti Power Theft Squad, Kollam conducted inspection in his premises on 16.12.2019 and found that he had connected additional load to the tune of 62KW. Ext.P2 provisional order was passed assessing a total sum of Rs.17,44,319/-. The petitioner herein filed Ext.P3 objection against the provisional order. His objections were considered and Ext.P6 final order was passed by the assessing officer. The said order is under challenge in this petition.

(3.) Sri.Julian Xavier. J, the learned counsel appearing for the petitioner submits that the order passed by the 2 nd respondent cannot be sustained under law. According to the learned counsel, Regulation 153 (15) of the Kerala Electricity Supply Code, 2014 provides that unauthorized load in the same premises under the same tariff shall not be reckoned as unauthorised use of electricity except in the case of consumers billed on the basis of connected load. Finally the learned counsel relied on the judgment of a Division Bench of this Court in Sulabha Marketing (P) Ltd. v. Kerala State Electricity Board, Thiruvananthapuram and others, [2017 (3) KHC 563] and it is contended that in the case of a consumer, who is blamed with overdrawal of electricity in excess of the sanctioned/connected load in the very same premises and for the very same purpose, and which does not involve any change in tariff applicable for the relevant category of services, if such usage is not by using any artificial means or a tampered meter, assessment under Section 126(6) of the Act can only be equal to twice the fixed charges and such consumer cannot be saddled with the liability to pay twice the energy charges applicable for the relevant category of services, unless regularization of such additional connected load or enhancement of contract demand necessitates upgradation of the existing distribution system or enhancement of voltage level of supply. It is contended that though this judgment was relied on, the principles laid there in were not appreciated.