ASSISTANT EXECUTIVE ENGINEER KSEB Vs. P MADHAVAN NAIR

JUDGEMENT

(1.) DEFENDANTS 1 and 2 (namely Assistant Executive Engineer, Kerala State Electricity Board, Electrical Major Section, Koyilandi and the Kerala State Electricity Board, Thiruvananthapuram) in OS No. 167 of 1994 on the file of the Subordinate Judges Court, Koyilandi are the appellants in this appeal. The said suit, instituted by the respondent herein, was one for a declaration that Ext. A6 demand notice dated 25/08/1994 is null and void and not legally enforceable and for a perpetual injunction restraining the defendants from enforcing payment under the said demand notice.

(2.) THE fact that the plaintiff installed a 1 HP electric motor with pump set in his house was admitted. The main contention raised by the plaintiff was that by installing the pump set he was not committing breach of any of the provisions of law or the Regulations issued by the Kerala Electricity Board ("kseb" for short ). The KSEB on the other hand contended that by installing the pump set, the plaintiff was increasing the sanctioned connected load of 400 watts thereby attracting the penalty under clause 42 (d) of the Regulations Relating to Conditions of Supply of Electrical Energy ("regulations" for short) issued by the KSEB in exercise of the powers conferred on it by S. 79 (j) of the Electricity (Supply) Act, 1948.

(3.) THE learned Subordinate Judge was of the view that since the pump set installed by the plaintiff, although without permission, was used for domestic purpose only, clause 42 (d) of the Regulations was not attracted. According to the learned Subordinate Judge, the said provision would be attracted only if the consumer exceeded the contracted load for a purpose different from the specific purpose contemplated under the contract for that tariff. Accordingly, the suit was decreed granting the declaration as well as injunction prayed for. Hence this appeal.