BIJU PHILIPOSE Vs. KERALA STATE ELECTRICITY BOARD LTD

JUDGEMENT

(1.) The petitioner, which is a consumer of electricity, has impugned Ext.P7 order of the Kerala State Electricity Appellate Authority (hereinafter referred to as the 'Appellate Authority' for short) on various grounds; but primarily, that the said Authority has not considered the impact of Regulation 153(15) of the Kerala Electricity Supply Code, 2014 and he asserts that the benefit of that Regulation ought to have applied to him since, he is not a consumer billed on the basis of connected load.

(2.) I see from the pleadings on record and from the impugned order that the stand of the KSEB before the Appellate Authority was that the petitioner is not a demand - based consumer and therefore, that the benefit of Regulation 153(15) of the Supply Code would not apply.

(3.) Sri.Arun Kumar, the learned standing counsel for the KSEB reiterates the afore contention by saying that, as has been clearly recorded in Ext.P7, the petitioner is not a demand - based consumer and that it is, therefore, that the Appellate Authority has found that the petitioner is not entitled to the benefit under Regulation 153(15) of the Supply Code. Sri.Arun Kumar, also adds that, in any event of the matter, in view of the judgment of the Hon'ble Supreme Court in Executive Engineer & Anr v. M/s.Sri.Seetaram Rice Mill, 2012 2 SCC 108, the benefit of this Regulation cannot be made applicable to the petitioner.