Kerala High Court
Kerala State Electricity Board Limited vs Shihabudeen Thalanarthoduka on 5 November, 2025
WP(C) Nos.910,911
& 912 OF 2024 1 2025:KER:83866
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 5th DAY OF NOVEMBER 2025/ 14TH KARTHIKA, 1947
WP(C) NO. 910 OF 2024
PETITIONERS:
1 KERALA STATE ELECTRICITY BOARD LIMITED
REPRESENTED BY ITS SECRETARY (ADMINISTRATION),
VYDYUTHI BHAVANAM, PATTOM P.O.,
THRIRUVANANTHAPURAM, PIN - 695004
2 ASSISTANT EXECUTIVE ENGINEER,
ELECTRICAL SUB DIVISION, KSEB LTD., NADAKKAVE,
GANDHI ROAD, BEACH P.O., KOZHIKODE, PIN - 673032
BY ADV SHRI.ANTONY MUKKATH
RESPONDENTS:
1 SHIHABUDEEN THALANARTHODUKA
'SELMAS', AZHIKKAL ROAD, KALLAR P.O.,
KOZHIKODE, PIN - 673003
2 KERALA STATE ELECTRICITY APPELLATE AUTHORITY,
(CONSTITUTED UNDER SECTION 127 OF THE
ELECTRICITY ACT 2003) CC.51/52, NEAR 110 KV SUB
STATION, VYTTILA, KOCHI, REPRESENTED BY ITS
SECRETARY, PIN - 682019
BY ADVS.SRI.N.M.MADHU
SMT.C.S.RAJANI
SRI. B. PREMOD, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING
ON 05.11.2025, ALONG WITH WP(C).911/2024, 912/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.910,911
& 912 OF 2024 2 2025:KER:83866
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 5th DAY OF NOVEMBER 2025/ 14TH KARTHIKA, 1947
WP(C) NO. 911 OF 2024
PETITIONERS:
1 KERALA STATE ELECTRICITY BOARD LIMITED,
REPRESENTED BY ITS SECRETARY (ADMINISTRATION),
VYDYUTHI BHAVANAM, PATTOM P.O.,
THRIRUVANANTHAPURAM, PIN - 695004
2 ASSISTANT EXECUTIVE ENGINEER,
ELECTRICAL SUB DIVISION, KSEB LTD., NADAKKAVE,
GANDHI ROAD, BEACH P.O., KOZHIKODE, PIN - 673032
BY ADV SHRI.ANTONY MUKKATH
RESPONDENTS:
1 SHIHABUDEEN THALANARTHODUKA,
'SELMAS', AZHIKKAL ROAD, KALLAR P.O.,
KOZHIKODE, PIN - 673003
2 KERALA STATE ELECTRICITY APPELLATE AUTHORITY
(CONSTITUTED UNDER SECTION 127 OF THE
ELECTRICITY ACT 2003) CC.51/52, NEAR 110 KV SUB
STATION, VYTTILA, KOCHI, REPRESENTED BY ITS
SECRETARY, PIN - 682019
BY ADV SRI.N.M.MADHU
SRI. B. PREMOD, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING
ON 05.11.2025, ALONG WITH WP(C).910/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.910,911
& 912 OF 2024 3 2025:KER:83866
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 5th DAY OF NOVEMBER 2025/ 14TH KARTHIKA, 1947
WP(C) NO. 912 OF 2024
PETITIONERS:
1 KERALA STATE ELECTRICITY BOARD LIMITED,
REPRESENTED BY ITS SECRETARY (ADMINISTRATION),
VYDYUTHI BHAVANAM, PATTOM P.O.,
THRIRUVANANTHAPURAM, PIN - 695004
2 ASSISTANT EXECUTIVE ENGINEER,
ELECTRICAL SUB DIVISION, KSEB LTD., NADAKKAVE,
GANDHI ROAD, BEACH P.O., KOZHIKODE, PIN - 673032
BY ADV SHRI.ANTONY MUKKATH
RESPONDENTS:
1 SHIHABUDEEN THALANARTHODUKA,
'SELMAS', AZHIKKAL ROAD, KALLAR P.O.,
KOZHIKODE, PIN - 673003
2 KERALA STATE ELECTRICITY APPELLATE AUTHORITY
(CONSTITUTED UNDER SECTION 127 OF THE
ELECTRICITY ACT 2003) CC.51/52, NEAR 110 KV SUB
STATION, VYTTILA, KOCHI, REPRESENTED BY ITS
SECRETARY, PIN - 682019
BY ADV SRI.N.M.MADHU
SRI. B. PREMOD, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING
ON 05.11.2025, ALONG WITH WP(C).910/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.910,911
& 912 OF 2024 4 2025:KER:83866
JUDGMENT
[WP(C) Nos.910/2024, 911/2024, 912/2024]
All these writ petitions are filed by the Kerala State Electricity
Board Limited and another challenging the orders passed by the
Kerala State Electricity Appellate Authority in the appeals preferred
by the first respondent, the consumer in these cases.
2. The first respondent is a consumer of electricity bearing
consumer Nos.1166010016695, 1166018016697, 1166016016696,
respectively, under the Electrical Section, Nadakkavu. The service
connection was under the LT I domestic tariff with a connected load
of 3997 Watts. Six independent domestic connections were given to
the six apartments in the multi-storied building.
3. On an inspection by the Section Squad, in all six premises
on 27.02.2020, it was alleged that there was misuse of the domestic
connection, as the same was being used for lodging purposes,
WP(C) Nos.910,911
& 912 OF 2024 5 2025:KER:83866
which comes under the commercial tariff. Accordingly, provisional
assessment orders were passed, which were confirmed by the final
assessment orders, which were challenged by the consumer before
the Appellate Authority, leading to the impugned orders, wherein
the demand raised by the Board was set aside. The Board is
aggrieved by the order passed in appeals by the Appellate
Authority.
4. The petitioner Board contends that Site Mahazar itself
showed that the commercial activity was being carried on and that
the premises were being utilised for running a lodge in a tie-up with
the OYO homes, after availing the domestic tariff.
5. The defence raised by the consumer was that he purchased
the premises only on 07.02.2020, and with respect to the
commercial activity carried out by the previous owner, he cannot
be made liable. The Appellate Authority found that no valid
documents were produced by the Board to establish any lodging
WP(C) Nos.910,911
& 912 OF 2024 6 2025:KER:83866
activities carried out in the premises, and the printout of the Google
map can only be considered as supporting evidence. The Google
map had placed the apartment in question as 'OYO Home', named
'Royal Stay' for easy online booking and location.
6. The learned counsel appearing for the Electricity Board
contends that the consumer had admitted that lodging activity was
carried out, and the same is clear from grounds 'C' and 'E' of Ext.P3
appeal memorandum, which are extracted below.
"C. The apartment was rented to Alcott Town Planners
Pvt Ltd by the respondent No.2 as per vide agreement
dated 07.06.2019, which actually was suppressed by him
while the sale of the above apartment.
E. The outstanding penalty amount should be collected
from second respondent, since the apartment was
rented by him to Alcott Town Planners Pvt Ltd prior to
the sale."
7. This contention of the consumer could not have been
accepted, as he, being the transferee, is bound to pay the charges
going by the decision of the Honourable Supreme Court in Ninan
WP(C) Nos.910,911
& 912 OF 2024 7 2025:KER:83866
K.C. v. Kerala State Electricity Board [2023 KHC 6598]. It is the
argument that the present owner is liable to pay the penal charges
as well, along with the arrears, as recovery of arrears is possible
from previous and subsequent owners.
8. Heard the learned counsel for the petitioners and the
learned counsel for the respondents and perused the records:
9. Apart from the evidence produced by the Board that the
apartment was being run by M/s OYO Homes, it is relevant to note
the admission by the consumer in the appeals that the apartments
were tenanted before the sale, and therefore the recovery has to be
made from the previous owner.
10. Under such circumstances, the finding of the Appellate
Authority that there are no valid documents to show that any
lodging activities had been carried on in the premises is completely
against the evidence on record and the admission of the consumer.
The very basis of the reasoning of the Appellate Authority is
WP(C) Nos.910,911
& 912 OF 2024 8 2025:KER:83866
therefore illegal. Under such circumstances, I am inclined to set
aside the orders of the Appellate Authority and restore the final
assessment orders passed by the Electricity Board, petitioner.
In the result, the impugned orders are quashed, and the writ
petitions are allowed.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
DMR/-
WP(C) Nos.910,911
& 912 OF 2024 9 2025:KER:83866
APPENDIX OF WP(C) 910/2024
PETITIONERS' EXHIBITS
Exhibit P1 A TRUE COPY OF THE PROVISIONAL ASSESSMENT
ORDER DATED 20-03-2020.
Exhibit P2 A TRUE COPY OF THE FINAL ASSESSMENT ORDER
DATED 10-07-2020 OF THE ASSISTANT
EXECUTIVE ENGINEER, ELECTRICAL SUB-
DIVISION, NADAKKAVE.
Exhibit P3 A TRUE COPY OF THE APPEAL NO.70 OF 2021
ON THE FILE OF THE 2ND RESPONDENT.
Exhibit P4 A TRUE COPY OF THE REPORT/REMARKS
SUBMITTED BY THE ASSISTANT EXECUTIVE
ENGINEER, NADAKKAVE IN APPEAL NO.70/2021.
Exhibit P5 A TRUE COPY OF THE ORDER DATED
01-10-2022 IN APPEAL NO. 70/2021.
// TRUE COPY //
P.A. TO JUDGE
WP(C) Nos.910,911
& 912 OF 2024 10 2025:KER:83866
APPENDIX OF WP(C) 911/2024
PETITIONERS' EXHIBITS
Exhibit P1 A TRUE COPY OF THE PROVISIONAL
ASSESSMENT ORDER DATED 20-03-2020.
Exhibit P2 A TRUE COPY OF THE FINAL ASSESSMENT
ORDER DATED 10-07-2020 OF THE ASSISTANT
EXECUTIVE ENGINEER, ELECTRICAL SUB-
DIVISION, NADAKKAVE.
Exhibit P3 A TRUE COPY OF THE APPEAL NO.72 OF 2021
ON THE FILE OF THE 2ND RESPONDENT.
Exhibit P4 A TRUE COPY OF THE REPORT/REMARKS DATED
NIL SUBMITTED BY THE ASSISTANT EXECUTIVE
ENGINEER, NADAKKAVE IN APPEAL
NO.72/2021.
Exhibit P5 A TRUE COPY OF THE ORDER DATED
01-10-2022 IN APPEAL NO. 72/2021.
// TRUE COPY //
P.A. TO JUDGE
WP(C) Nos.910,911
& 912 OF 2024 11 2025:KER:83866
APPENDIX OF WP(C) 912/2024
PETITIONERS' EXHIBITS
Exhibit P1 A TRUE COPY OF THE PROVISIONAL
ASSESSMENT ORDER DATED 20-03-2020.
Exhibit P2 A TRUE COPY OF THE FINAL ASSESSMENT
ORDER DATED 10-07-2020 OF THE
ASSISTANT EXECUTIVE ENGINEER,
ELECTRICAL SUB-DIVISION, NADAKKAVE.
Exhibit P3 A TRUE COPY OF THE APPEAL NO.71 OF
2021 ON THE FILE OF THE 2ND
RESPONDENT.
Exhibit P4 A TRUE COPY OF THE REPORT/REMARKS
SUBMITTED BY THE ASSISTANT EXECUTIVE
ENGINEER, NADAKKAVE IN APPEAL
NO.71/2021.
Exhibit P5 A TRUE COPY OF THE ORDER DATED
01-10-2022 IN APPEAL NO. 71/2021.
// TRUE COPY //
P.A. TO JUDGE
