VISWANATHAN R.V. Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Assessment of penalty finalised against the petitioner under S.126 of the Electricity Act, 2003 was confirmed in appeal by Ext. P2 order of the 2nd respondent. Ext. P3 is the consequential demand issued. The petitioner is challenging Exts. P2 and P3 in this writ petition.

(2.) Eventhough various grounds are raised assailing the imposition of penalty, learned counsel for the petitioner submitted that he is limiting the challenge only on the ground that, penalty imposed at LT VIII tariff alleging unauthorised extension is not sustainable.

(3.) This Court in J.D.T. Islam Orphanage Committee v. The Assistant Engineer, KSEB and Others, 2007 (3) KHC 6 : 2007 (3) KLT 388 held that, considering Regulation 42(d) of the erstwhile 'Conditions of Supply of Electrical Energy', levy of charges under LT VIII tariff for unauthorised extensions cannot be sustained. Billing at a penal rate on the basis of connected load on daily basis is impermissible in case of detection of unauthorised extension. It is observed that, LT VIII tariff is meant for temporary extensions authorised to be taken from the consumer's premises. There the tariff is computed on fixed charge per KWA connected load, per day, in addition to application fee and testing fee. Under such temporary extensions there is no measurement of the quantity of energy by a separate meter. Under authorised temporary extensions the quantity of consumption is recorded in the meter installed at the main premises itself. This Court found that the expression, 'respective tariff' mentioned under Regulation 42(d) denotes only the tariff at which the quantity of supply at the main premises is billed. The said judgment was confirmed in appeal by a Division Bench.