Kerala High Court
K.P. Siyad vs Kerala State Electricity Board Ltd on 10 October, 2024
2024:KER:76318
W.A.No.1476 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
WA NO. 1476 OF 2024
AGAINST THE JUDGMENT DATED 28.05.2024 IN
WP(C) NO.8072 OF 2020 OF HIGH COURT OF KERALA
APPELLANT/3rd RESPONDENT:
K.P. SIYAD,
AGED 42 YEARS
M/S. GR TIMBER AND SAW MILL, IX/247B,
PANTHAPARAMBU, MUDAPPALLUR P.O.,
PALAKKAD DISTRICT, PIN - 675705.
BY ADVS.
JERRY GEEVARGHESE JOSE
JENCY SUSAN JOSE
RESPONDENTS/PETITIONER & RESPONDENTS 1 & 2:
1 KERALA STATE ELECTRICITY BOARD LTD.,
VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY., PIN - 695001
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W.A.No.1476 of 2024
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2 THE KERALA STATE ELECTRICITY APPELLATE AUTHORITY
(CONSTITUTED UNDER SECTION 127 OF THE ELECTRICITY
ACT 2003), CC 51/52, NEAR 110 KV SUB STATION,
VYTTILA, KOCHI, PIN - 682019
3 THE ASSESSING OFFICER (ASSISTANT ENGINEER)
ELECTRICAL SECTION, KSEBL MUDAPPALLUR, PALAKKAD
DISTRICT, PIN - 678014
OTHER PRESENT:
SRI B PREMOD- SC, KSEB
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
10.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.A.No.1476 of 2024
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NITIN JAMDAR, C.J.
&
S.MANU, J.
--------------------------------------------------
W.A.No.1476 of 2024
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Dated this the 10th day of October, 2024
JUDGMENT
S.MANU, J.
Challenge in this Writ Appeal is against the judgment dated
28 May 2024 in W.P.(C)No.8072 of 2020.
2. The first Respondent Kerala Electricity Board Ltd. filed the Writ
Petition aggrieved by Ext.P7 appellate order issued by the Electricity
Appellate Authority. Appeal before the Electricity Appellate Authority
was filed by the Appellant herein. Appellant is running a saw mill in
the name and style 'GR Timbers and Saw Mill'. Anti Power Theft
Squad, Palakkad conducted a surprise inspection in the premises of the
Appellant on 8 June 2017. The inspection revealed that there was
connected unauthorised additional load. A provisional assessment bill
for an amount of ₹9,33,276/- was issued provisionally to the Appellant.
His objections were considered later and the provisional bill was
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finalised by order dated 10 July 2017. Final bill was issued on 12 July
2017.
3. Appellant approached this Court in W.P.(C)No.25716 of 2017
challenging Ext.P4 final bill. This Court by judgment dated 3 August
2017 relegated the Appellant to invoke the statutory remedy under the
Act. Thereafter, the Appellant filed the statutory appeal before the
Appellate Authority. The Appellate Authority after hearing the
Appellant and also the Assessing Officer passed Ext.P7 order granting
relief to the Appellant. The first Respondent Board therefore
approached this Court in the Writ Petition. Appellate Authority, by
Ext.P7 order, set aside the final assessment and directed the Assessing
Authority to revise the assessment at twice the rate under LT-IVA Tariff
for fixed charges only. For unauthorised additional load, the charges
were directed to be calculated for a period of twelve months prior to
the date of inspection. Respondent Board contended before the
learned Single Judge that the Appellate Authority while allowing the
appeal, placed reliance on the judgment of this Court in W.P.
(C)No.6993/2013 and the said judgment was later overruled by the
Hon'ble Supreme Court in Kerala Electricity Board v. Thomas Joseph
alias Thomas.M.J. and others [(2022) SCC OnLine 1737].
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4. In the aforesaid judgment, the Hon'ble Supreme Court, after
analysing the provisions of the Kerala Electricity Act held that charges
for electricity certified by a distribution licensee include fixed charges
in addition to charges for the electricity supplied and consumed. Tariff
includes both fixed charges and energy charges and once the Assessing
Authority arrives at the conclusion that unauthorised use of electricity
has happened, assessment of charges equal to twice the tariff applicable,
which includes amounts payable towards electricity charges also has to
be made. On perusal of the judgment under challenge before us we
note that the learned Single Judge has adverted to the law laid down by
the Hon'ble Supreme Court and has decided the Writ Petition relying
on the same. The learned Single Judge also adverted to the provisions
of Section 126 of the Electricity Act as well as relevant provisions of the
Supply Code. As the Appellate Authority decided the Appeal relying
on the judgment of this Court which was later set aside by the Hon'ble
Supreme Court the learned Single Judge rightly followed the judgment
of the Hon'ble Supreme Court and interfered with the findings of the
Appellate Authority. The learned Single Judge finally concluded that
the order of the Appellate Authority is unsustainable and therefore the
final assessment in Ext.P4 would prevail. We do not find any
impropriety or illegality in the findings.
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5. The learned counsel for the Appellant urged before us that no
notice was served on the Appellant in the writ proceedings. He
therefore submitted that the judgment under challenge happened to be
passed without hearing the Appellant. As he asserted that no notice was
served on the party, by order dated 8 October 2024 we called for a
report from the Registry regarding service of notice on the Appellant.
The Registry submitted a report stating that notice was issued to the
third Respondent in the Writ Petition, who is the Appellant before us,
by speed post on 18 March 2020 with acknowledgment due. The
acknowledgment card with the signature of the Appellant was received
by the Section. Hence, the Registry affirmed that service was complete
on the Appellant. We therefore find that the contention of non-service
of notice is unsustainable. On merits, we have already found there is no
reason to interfere with the judgment passed by the learned Single
Judge. Hence, the Writ Appeal fails. It is therefore dismissed.
Sd/-
NITIN JAMDAR
CHIEF JUSTICE
Sd/-
S.MANU
skj JUDGE
