ASSISTANT ENGINEER Vs. KERALA STAT ELECTRICITY APPELLATE AUTHORITY

JUDGEMENT

(1.) The petitioner, the Kerala State Electricity Board Ltd. (KSEB), has filed the captioned writ petition, seeking to challenge the findings contained in Ext.P9 issued by the 1st respondent - appellate authority, in an appeal filed by the 2nd respondent - consumer, against an assessment of electricity charges on the basis of the findings at the time of the inspection on 28/10/2014.

(2.) The 2nd respondent is stated to be an industry engaged in the manufacture, storage and sale of Maharani Choice Malabar Porota, Lovely frozen Porota as well as fish labelled as Ribbon fish whole etc. Admittedly, the 2nd respondent was provided with an electricity connection under the tariff LT-IV (A) - industry. The premises of the 2nd respondent was inspected on 28/10/2014. Ext.P1 is the mahazar prepared at the time of inspection. On the basis of the details collected, a provisional assessment has been carried out, as seen from Ext.P2. As against the provisional assessment, the petitioner filed a reply, and on the basis of the contentions taken, Ext.P4 final order dtd. 28/11/2014 is issued, essentially finding that the activity carried on by the 2nd respondent falls in the LT-VII Commercial (A) category and hence demanding an amount of Rs.16,14,894.00. The 2nd respondent chose to file an appeal before the appellate authority, and the appellate authority, by Ext.P9 order, found that the activity carried on by the 2nd respondent was only liable for classification under LT-IV(A) and thus sought to allow the appeal.

(3.) It is challenging the findings contained in the appellate order at Ext.P9 that the captioned writ petition is filed by the KSEB.