K. A. AZEEZ Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner, one of the Directors of a company namely West Rock Properties Ltd., registered under the Companies Act engaged in the business of property development, challenges Regulation 51(1) of the KSEB Terms and Conditions of Supply, 2005 and to declare the said provision as ultra vires of the Electricity Act, 2003 ('Act, 2003' for short) and also to quash Ext.P1 invoice, Ext.P2 notice, Ext.P9 order dated 27.01.2010 passed by the 4th respondent -Assistant Engineer of the Kerala State Electricity Board Ltd (K.S.E.B Ltd), Ext.P11 order dated 07.02.2008 issued by the first respondent K.S.E.B Ltd making certain clarifications with respect to the manner in which penalty is to be imposed for the unauthorised connected load provided under Section 126 of the Act, 2003 and Ext.P12 demand notice directing the petitioner to pay an amount of Rs.8,75,902/-, failing which recovery action was threatened.

(2.) Brief material facts for the disposal of the writ petition are as follows:

(3.) The case of the petitioner is that the connected load of the petitioner, though not enhanced by any order from 7 KW, since the bills are issued for 31000 Watts, there is no unauthorised load. Even though the petitioner submitted an objection to Ext.P1 demand notice and ExtP2 calculation statement, the Board was not prepared to accept the contention raised by the petitioner and it was accordingly that Ext.P9 final determination order was passed on 27.01.2010 after providing an opportunity of hearing to the petitioner.