Kerala State Electricity Board Ltd vs The Kerala State Electricity Appellate ...
2025 Latest Caselaw 11935 Ker

Kerala High Court

Kerala State Electricity Board Ltd vs The Kerala State Electricity Appellate ... on 4 December, 2025

                                                      2025:KER:93866
W.P.(C) No. 13469 of 2024
                                      -1-

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

           THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

THURSDAY, THE 4TH DAY OF DECEMBER 2025/13TH AGRAHAYANA, 1947

                            WP(C) NO. 13469 OF 2024

PETITIONER:

              KERALA STATE ELECTRICITY BOARD LTD.,
              VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM,
              REPRESENTED BY ITS SECRETARY, PIN-695004

              ADV. B.PREMOD, STANDING COUNSEL,
              KERALA STATE ELECTRICITY BOARD


RESPONDENTS:

      1       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

      2       THE ASSESSING OFFICER,
              (ASSISTANT EXECUTIVE ENGINEER),
              ELECTRICAL SECTION, KSEBL VADASSERYKARA,
              PATHANAMTHITTA DISTRICT, PIN-689662

      3       M/S. INDUS TOWERS LTD.,
              8TH FLOOR, VANKARATH TOWERS, NH BYPASS,
              PALARIVATTOM,KOCHI, PIN-682024

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                            2025:KER:93866
W.P.(C) No. 13469 of 2024
                                     -2-



                       MOHAMMED NIAS C.P., J.
              -------------------------------------------------
                       W.P.(C) No. 13469 of 2024
              -------------------------------------------------
              Dated this the 4th day of December, 2025

                               JUDGMENT

The Electricity Board challenges Ext.P8 order passed by the

Kerala State Electricity Appellate Authority, allowing an appeal

preferred by the 3rd respondent herein filed against a final

assessment order passed under Section 126 of the Electricity Act,

2003, allegedly with a delay of more than 600 days.

2. The petitioner - Electricity Board had contended before

the Appellate Authority as follows:-

"It is submitted that the final order was issued in

this case on 29.04.2015. Sub section 1 of Section 127 of the Act limits the time period for filing an appeal in terms of Section 127 of the Act to 30 days of the final order by the Assessing Officer. It may kindly be noted that this appeal is filed after a lapse of more than 600 days from the date of the final order. Admission of this appeal would be in 2025:KER:93866

direct violation of an explicit provision of the Act. It is pertinent to note that the appellant herein has not even bothered to provide any credible reason for such a huge delay in filing the appeal. It is surprising to note that the appellant has not even bothered to include a prayer for condonation of the delay in their appeal petition. It is a clear disrespect of the law, which has been a consistent feature of the appellant herein."

3. Though the said contention has been noticed by the

Appellate Authority, there is no finding as to how the appeal could

have been entertained when it was allegedly filed with a delay of

more than 600 days, that too in the absence of any application to

condone the delay, even if such an application is maintainable.

4. The specific ground raised by the Board has not been

considered by the Appellate Authority. Accordingly, Ext.P8 order is

set aside. There will be a direction to the 1st respondent - Appellate

Authority to re-hear appeal No.39 of 2017 with notice to the

appellant. The Appellate Authority shall first consider whether the

appeal, allegedly with a delay of more than 600 days, is maintainable, 2025:KER:93866

as contended by the Board in Ext.P7 objection filed by the 2 nd

respondent. Only after finding on the question of maintainability,

the Appellate Authority shall enter on the merits of the dispute and

render a finding thereon. The Appellate Authority shall pass orders

as directed above within three months from the date of receipt of a

copy of this judgment.

The impugned order is set aside, and the Writ petition is

allowed as above.

Sd/-

MOHAMMED NIAS C.P. JUDGE bpr 2025:KER:93866

APPENDIX OF WP(C) NO. 13469 OF 2024

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE SITE MAHAZAR PREPARED PURSUANT TO THE INSPECTION.

Exhibit P2 THE TRUE COPY OF THE PROVISIONAL BILL DATED 28-4-2011.

Exhibit P3 THE TRUE COPY OF THE JUDGMENT IN WPC.

16435/11.

Exhibit P4 THE TRUE COPY OF THE FINAL ASSESSMENT ORDER DATED 29-4-2015 AND THE FINAL BILL ISSUED TO THE RESPONDENT.

Exhibit P5 THE TRUE COPY OF THE ORDER OF THE CONSUMER GRIEVANCE REDRESSAL FORUM DATED 17.01.2017.

Exhibit P6 THE TRUE COPY OF THE APPEAL PREFERRED BY THE RESPONDENT.

Exhibit P7 THE TRUE COPY OF THE OBJECTION/REPORT FILED BY THE RESPONDENT NO. 2, BEFORE THE APPELLATE AUTHORITY.

Exhibit P8 THE TRUE COPY OF THE ORDER OF THE KERALA STATE ELECTRICITY APPELLATE AUTHORITY IN APPEAL NO. 39/17.

Exhibit P9 THE TRUE COPY OF THE JUDGMENT IN W.A. NO. 991/14 OF THIS HON'BLE COURT.

Exhibit P10 THE TRUE COPY OF THE JUDGMENT OF THE APEX COURT IN THE SPECIAL LEAVE PETITION DATED 5-8-2016.