Kerala High Court
M/S. Ans M Sand Industries vs Kerala State Electricity Board Ltd on 5 March, 2025
WP(C)Nos.34699 of 2017 and 20543 of 2020
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2025:KER:18417
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946
WP(C) NO. 34699 OF 2017
PETITIONER:
M/S. ANS M-SAND INDUSTRIES,
REPRESENTED BY ITS MANAGING PARTNER E AZAD.
VALLAKADAVU, VELICHIKALA, CHATHANNOOR, KOLLAM
BY ADVS.
JOHNSON GOMEZ
S.BIJU (KIZHAKKANELA)
C.UNNIKRISHNAN (KOLLAM)
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LTD,
REPRESENTED BY ITS SECRETARY,PATTOM,
THIRUVANANTHAPURAMPIN-695004
2 THE KERALA STATE ELECTRICITY APPELLATE
AUTHORITY,
VYTTILA, KOCHI-682021
3 THE ASSISTANT ENGINEER,
KERALA STATE ELECTRICITY BOARD
LIMITED,ELECTRICAL SECTION CHATHANNOOR,KOLLAM,
PIN-591001
BY ADVS.
SRI.B.PREMOD SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.03.2025, ALONG WITH WP(C).20543/2020, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)Nos.34699 of 2017 and 20543 of 2020
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2025:KER:18417
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946
WP(C) NO. 20543 OF 2020
PETITIONER:
THE KERALA STATE ELECTRICITY BOARD
REPRESENTED BY THE ASSISTANT ENGINEER,
ELECTRICAL SECTION, KSEB LTD., CHATHANNUR,
KOLLAM DISTRICT-691 576.
BY ADV S.SHYAM KUMAR
RESPONDENTS:
1 E.AZAD
MANAGING PARTNER, ANS M-SAND INDUSTRIES,
VALLAKADAVU, NEDUMPANA P.O.,
KOLLAM DISTRICT-691 576.
2 KERALA STATE ELECTRICITY APPELLATE AUTHORITY
CC 51/52, NEAR 110KV SUB STATION, VYTILLA,
KOCHI-682 020.
BY ADVS.
SRI.JOHNSON GOMEZ
SMT.A.V.INDIRA
SRI.SANJAY JOHNSON
SHRI.MAHESH CHANDRAN
SMT.SURYA BINOY SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.03.2025, ALONG WITH WP(C).34699/2017, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)Nos.34699 of 2017 and 20543 of 2020
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MOHAMMED NIAS C.P., J
............................................................
WP(C)Nos.34699 of 2017 and 20543 of 2020
.............................................................
Dated this the 05th day of March, 2025
JUDGMENT
The petitioner in W.P.(C) No.34699 of 2017 challenges
Ext.P6 to the extent it directed computation of the unauthorised
load of 38 kW under HT 1A industrial tariff for demand charges
only for 12 months, relying on the law laid down by the Division
Bench of this Court in its judgment dated 12.04.2017 in W.P.(C)
No.6993 of 2013. The same order is challenged by the Electricity
Board in the connected writ petition, which was filed only in the
year 2020.
2. The petitioner in W.P.(C) No.34699 of 2017 challenged
the notice issued by the Anti-Power Theft Squad (APTS) following
an inspection, in which they allege an unauthorised additional
load of 38kW. After Ext.P1 provisional assessment order, Ext.P3
final assessment order confirmed the same and the same was
challenged in appeal and the same resulted in Ext.P6 order. The
WP(C)Nos.34699 of 2017 and 20543 of 2020
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premise on which Ext.P6 order was passed was the judgment of
this Court noticed therein and referred to above.
3. However, on appeal by the Electricity Board, the said
decision was reversed by the Hon'ble Supreme Court, in the
decision reported as Kerala State Electricity Board v. Thomas
Joseph Alias Thomas M.J [2022 KHC 7291], finding that the
drawing electricity in excess of connected load would amount to
'unauthorised use of electricity' as per Section 126 (6),
Explanation (b) and that Regulation 153 (15) of the Kerala
Electricity Supply Code 2014 which held that unauthorised
additional load in the same premises and under the same tariff
shall not be reckoned as 'unauthorised use of electricity' was
inconsistent with Section 126 of the Electricity Act, 2003. Given
the law laid down by the Hon'ble Supreme Court reversing the
decision of this Court which was the basis of Ext.P6 decision, the
prayer sought in W.P.(C) No.34699 of 2017 cannot be allowed.
Since Ext.P6 cannot be sustained, the same is quashed and there
will be a direction to the appellate authority to reconsider the
appeal in the light of the law laid down by the Hon'ble Supreme
WP(C)Nos.34699 of 2017 and 20543 of 2020
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Court in 2022 KHC 7291. This shall be done within three months
from the date of receipt of the copy of this judgment.
4. Though the learned counsel for the petitioner in
W.P.(C) No.34699 of 2017 argues that W.P.(C) No.20543 of 2020
filed by the Electricity Board should be dismissed on the ground
of delay and laches, I am not considering the same as I have
already directed a reconsideration of the appeal in the light of the
law laid down by the Hon'ble Supreme Court. No further orders
are required to be passed in W.P.(C) No.20543 of 2020.
These writ petitions are disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
Anu
WP(C)Nos.34699 of 2017 and 20543 of 2020
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APPENDIX OF WP(C) 20543/2020
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE SITE MAHAZAR DATED
6.2.2017.
EXHIBIT P2 A TRUE COPY OF THE PROVISIONAL
ASSESSMENT ORDER DATED 17.2.2017.
EXHIBIT P3 A TRUE COPY OF THE FINAL ASSESSMENT
BILL ISSUED BY THE PETITIONER DATED
8.6.2017.
EXHIBIT P4 A TRUE COPY OF THE APPEAL MEMORANDUM
IN APPEAL NO.188 OF 2017.
EXHIBIT P5 A TRUE COPY OF THE OBJECTION FILED BY
THE PETITIONER BEFORE THE APPELLATE
AUTHORITY.
EXHIBIT P6 A TRUE COPY OF THE ORDER PASSED BY THE
APPELLATE AUTHORITY DATED 25.9.2017 IN
APPEAL NO.188 OF 2017.
WP(C)Nos.34699 of 2017 and 20543 of 2020
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APPENDIX OF WP(C) 34699/2017
PETITIONER EXHIBITS
EXHIBIT P1: A TRUE COPY OF THE PROVISIONAL
ASSESSMENT MADE BY THE 2ND RESPONDENT
PROCEEDINGS NUMBER, AE/CHNR/2015-
16/CHATHANNOOR DATED 17.02.2017
EXHIBIT P2: A TRUE COPY OF THE OBJECTION DATED
10.03.2017 AGAINST THE PROVISIONAL
ASSESSMENT MADE BY THE 3RD RESPONDENT
EXHIBIT P3: A TRUE COPY OF THE ORDER
NO.A3/CHNR/2017-18 DATED 08.06.2017
ISSUED BY THE 3RD RESPONDENT
EXHIBIT P4: A TRUE COPY OF THE APPEAL DATED
26.07.2017 BEFORE THE 2ND RESPONDENT
EXHIBIT P5: A TRUE COPY OF THE JUDGMENT DATED
13.07.2017 IN WPC NO.23095 OF 2017
PASSED BY THE HIGH COURT OF KERALA
EXHIBIT P6: A TRUE COPY OF THE ORDER NUMBER AP-
188/2017/ORDER/603 DATED 25.09.2017
ISSUED BY THE 2ND RESPONDENT
