SOJO AUGUSTINE Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Both these Writ Petitions are filed by tenants occupying distinct premises in a building situated at Pattom, Thiruvananthapuram, wherein electric connections are provided under consumer Nos. 6949 & 5221. Pursuant to an inspection conducted on the premises, provisional orders proposing penalty under S. 126 of the Electricity Act, 2003 (hereinafter the 'Act' for short) was issued by the 2nd respondent (Ext. P3 in both the cases) alleging unauthorised usage of electricity. The petitioners have submitted objections against the proposal through Ext. P4 (in both the cases). But the 2nd respondent had issued Ext. P5 notices in the names of the original registered consumers, informing rejection of the objections on the ground that the petitioners have no agreements with the Kerala State Electricity Board (KSEB). Through Ext. P5 the registered consumers were provided with an opportunity of personal hearing. Since they have not submitted any objections and failed in attending the personal hearing, the assessments were finalized through Ext. P6 orders. It is challenging Ext. P6, these Writ Petitions are filed. Heard; counsel for the petitioners and Standing Counsel for the respondents.

(2.) Question involved is as to whether the petitioners, who are not the registered consumers, can validly object the provisional assessment of penalty issued under S. 126 of the Act.

(3.) Section 126(1) provides that, if the Assessing Officer comes to a conclusion that any person had indulged in unauthorised use of electricity, he shall provisionally make an assessment on such person, to the best of his judgment, the electricity charges payable by such person. The word 'such person' repeatedly used in S. 126(1) indicate that the penalty can be imposed on any person who is found indulging in unauthorised use of electricity and it need not be the registered consumer himself. Sub-section (2) of S. 126 provides that the provisional assessment should be served upon the person in occupation or possession or in charge of the place or premises. Further, sub-section (3) provides that the person on whom an order has been served under sub-section (2) shall be entitled to file objections. Therefore, all these provisions will lead only to the conclusion that, imposition of penalty can be on any person who had indulged in unauthorized use of electricity and the person upon whom the provisional assessment is served is entitled to object the proposal of assessment.