SANTHOSH PAUL ANTHRAPER Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This writ petition is filed by a person, running a "home stay" under the name and style, "M/s.Villa Brook Heritage Home", which according to the petitioner, being run after securing a valid licence from the District Tourism Promotion Council. Case of the petitioner is that, ever since the very inception of the unit, the electric supply was categorized under LT-IA and accordingly, the energy charges were being paid under the said category right from 14.8.2008. While so, an inspection took place on 18.8.2009, which culminated in Exhibit P4 provisional bill, on the basis that there is unauthorised connected load in the premises of the petitioner. Along with Exhibit P4 bill dated 20.8.2009, a detailed calculation statement was also given to the petitioner directing the petitioner to pay an amount of Rs.92,326/- for unauthorised use of electrical energy.

(2.) Being aggrieved, petitioner has submitted Exhibit P6 objection to the provisional bill on 1.9.2009 and the matter was heard by the Assistant Engineer, the assessing officer, Electrical Section Town, Kerala State Electricity Board, Alappuzha the 2nd respondent, and has passed Exhibit P7 final determination order confirming Exhibit P4 provisional bill and according to the petitioner, petitioner was thereafter placed in LT-VIIA category. Being aggrieved, petitioner has preferred Exhibit P8 appeal before the Deputy Chief Engineer, Electrical Circle, Kerala State Electricity Board, Alappuzha - the 3rd respondent, the appellate authority under section 127 of the Electricity Act 2003, who has passed Exhibit P9 impugned order affirming the final determination order passed by the assessing authority. It is thus impugning Exhibits P7 and P9 orders, the writ petition is filed.

(3.) The paramount contention advanced by the petitioner is that the 2nd respondent assessed the petitioner under LT-VIIA category on the basis of a circular No.Plg.com/4405/07/2007-08/171 dated 6.7.2007 issued by the Kerala State Electricity Board, which specifies that houses which provide home stay facility are grouped under commercial tariff LT-VIIA. According to the petitioner, the assessing authority ought not have made the assessment under LT-VIIA- the Commercial Tariff, as the circular is binding only on the Kerala State Electricity Board and its officers and not the consumers. The constitutional validity of the circular is also challenged alleging that it is arbitrary and therefore, violative of Article 14 of the Constitution of India.