M. KANI Vs. KERALA STATE ELECTRICITY BOARD LTD.

JUDGEMENT

(1.) W.P.(C) No.22476 of 2024 seeks the implementation of the order passed by the Kerala State Electricity Appellate Authority dtd. 30/1/2024. W.P.(C) No.43778 of 2024 is filed by the Electricity Board challenging the very same order of the Appellate Authority. The petitioner in W.P.(C) No.22476 of 2024 is described as the Consumer, and he is the second respondent in the writ petition filed by the Board.

(2.) On 8/3/2023, at about 11.45 am, there was an inspection in the premises of the Hotel owned by the second respondent, consumer, by the Anti Power Theft Squad. Following the inspection, it was alleged in the mahazar that the Consumer had indulged in an illegal abstraction of electricity by connecting a PVC wire from the incoming terminal of the Single-Phase Energy Meter, extending the supply for carrying out construction works on the eastern side of the Hotel, which resulted in an additional load of 7340W. Thus, it was alleged that the petitioner committed theft of electrical energy within the meaning of Sec. 135 of the Electricity Act, 2003 (hereinafter referred to as the 'Act').

(3.) On 9/3/2023, the second respondent was served with a provisional assessment order showing a civil liability of Rs.2,66,119.00. The petitioner did not file any objections to the provisional order, but remitted the amount on 14/3/2023, admitting the allegation of theft. The second respondent also applied before the Assistant Engineer concerned, seeking permission to compound the offence on the assurance that he would not commit any such offence in future. This was made through Ext.P4 application. On receipt of Ext.P4, the Board imposed Rs.80,000.00 as a compounding fee. The compounding application was allowed on condition that the petitioner clear the civil liability before effecting re-connection. The second respondent remitted the amount quantified as civil liability along with the compounding fee, and pursuant to the same, the electric connection was restored.