Kerala High Court
Linen Club, Represented By Its ... vs Additional Chief Secretary on 24 September, 2025
WP(C) NO. 3093 OF 2025 1 2025:KER:71325
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 24th DAY OF SEPTEMBER 2025 / 2ND ASWINA, 1947
WP(C) NO. 3093 OF 2025
PETITIONER:
LINEN CLUB, REPRESENTED BY ITS PROPRIETOR,
AGED 60 YEARS, K.N ABDUL GAFOOR, AGED 60 YEARS,
KAY ENN TRADING KASIMSONS ARCADE NEAR PADMA
JUNCTION, MG ROAD, ERNAKULAM, PIN - 682017
BY ADVS. SRI.P.M.GIRIJAVALLABHAN
SMT.JOSHNA JOY
SMT.ANAMIKA G. MENON
RESPONDENTS:
1 ADDITIONAL CHIEF SECRETARY,
STATE OF KERALA, VYDYUTHI BHAVANAM PATTOM,
TRIVANDRUM, REP. BY PUBLIC PROSECUTOR,
PIN - 695004
2 ASST.EXECUTIVE ENGINEER,
ELECTRICAL SUB DIVISION, KSEB LTD., ALUVA TOWN,
ERNAKULAM, PIN - 683101
3 KERALA STATE ELECTRICITY APPELLATE AUTHORITY,
CC 51/52, NEAR 110KW SUB STATION, VYTILLA,
KOCHI, PIN - 682019
4 SUB ENGINEER,
ALUVA NORTH, ELECTRICAL SECTION (5568), ALUVA,
PIN - 683101
BY ADV SRI.RIJI RAJENDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING
ON 24.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 3093 OF 2025 2 2025:KER:71325
JUDGMENT
The petitioner is a consumer of Kerala State Electricity Board
(hereinafter referred to as the 'Board') bearing Consumer
No.1155680012181 under LT VIIA (commercial tariff) under
Electrical Section, Aluva North, registered in the name of
Sri. Muhammed Kareem, the owner of the premises. Pursuant to an
APTS inspection on 13.04.2018, where an unauthorised additional
load of 4 kW was detected, proceedings were initiated under Section
126 of the Electricity Act, 2003, and a final assessment order was
passed demanding Rs.58,357/- on 09.05.2018.
2. Against the said order, the petitioner preferred an appeal
before the Kerala State Electricity Appellate Authority after
remitting 50% of the assessed amount. The Appellate Authority
passed Ext.P2 order as follows.
"1. The final assessment order No. DB/Electricity Act
Section 126/2018-19 dated 09.05.2018 issued by the
respondent is hereby set aside.
WP(C) NO. 3093 OF 2025 3 2025:KER:71325
2. The Assessing Officer is directed to issue revised
assessment within 15 days at twice the rate under LT VII
A commercial tariff on account of UAL of 2365 watts
(Rounded to 3 kW) for fixed charges only in the light of
judgment dated 12.04.2017 in WP(C) No.6993 of 2013 of
the Hon'ble High Court of Kerala for a period of 12
months.
3. No surcharge need be levied during the appeal
pending period and the excess amount remitted if any,
shall be refunded with interest as per the regulation
158(18) of Kerala Electricity Supply Code 2014."
3. As stated above, the above order of the Appellate Authority
was based on the judgment of this Court in Sulabha Marketing (P)
Ltd v. Kerala State Electricity Board, Thiruvananthapuram and
Others [(2017) 4 KHC 563]. The Supreme Court reversed the
judgment in Sulabha Marketing in Kerala State Electricity Board v.
Thomas Joseph Alias Thomas [2023 (1) SN (C.No.26) SC] and held that
under Section 126, the consumer is liable to pay both fixed charges
and energy charges assessed at twice the applicable tariff. This
judgment of the Supreme Court is dated 16.12.2022.
4. Based on the above judgment of the Supreme Court, the
WP(C) NO. 3093 OF 2025 4 2025:KER:71325
Board made a demand for an amount of Rs.52,597/- on 12.12.2023.
The learned counsel for the petitioner submits that, at the most, he
is liable to pay interest only till 16.12.2022, the date of the Supreme
Court order. The demand made by the Board was only on
12.12.2023.
5. The learned counsel for the Board relies on Section 127(6)
of the Electricity Act to contend that the petitioner has the liability
to pay interest for the defaulted amount. The said contention of the
Board cannot be accepted for the reason that, despite the Supreme
Court pronouncing its verdict on 16.12.2022, reversing the
judgment in Sulabha Marketing, the demand was made till
12.12.2023. Accordingly, the petitioner cannot be found to be in
default in making the payment demanded. However, the petitioner
will be liable to pay interest from the date of the final order till
16.12.2022. The learned counsel for the Board submits that the said
amount would come to Rs.45,559/-.
6. I am also fortified in this view by the judgment of this
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Court in W.P.(C) No.12160/2024 dated 01.08.2024. Accordingly, the
writ petition is allowed in part. Based on the submission of the
Board, it is found that the petitioner is liable to pay Rs.45,559/-,
which shall be remitted within three weeks from today. The
impugned order is modified as above.
The writ petition is allowed as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
DMR/-
WP(C) NO. 3093 OF 2025 6 2025:KER:71325
APPENDIX OF WP(C) 3093/2025
PETITIONER'S EXHIBITS
Exhibit P1 FINAL ORDER IS PRODUCED HEREWITH AND
MARKED AS EXHIBIT P1.
Exhibit P2 ORDER IN APPEAL NO 132/2018 DATED 18TH
DAY OF JULY 2018 IS PRODUCED HEREWITH AND
MARKED AS EXHIBIT P2.
Exhibit P3 NOTICE RECEIVED TO THE CONSUMER
/PETITIONER DATED 12-12-2023 FROM THE
OFFICE OF THE ASSISTANT EXECUTIVE
ENGINEER, ELECTRICAL SUB DECISION ALUVA
TOWN IS PRODUCED HEREWITH AND MARKED AS
EXHIBIT P3.
Exhibit P4 JUDGEMENT DATED 16-12-2022 IS PRODUCED
HEREWITH AND MARKED AS EXHIBIT P4.
Exhibit P5 BILL NO. 5568240817283 (DEMAND CUM
DISCONNECTION NOTICE) DATED 22-08-2024
REFLECTING THE ARREARS AMOUNT AS RS.
52,597/- IS PRODUCED HEREWITH AND MARKED
AS EXHIBIT P5.
Exhibit P6 KSEB ONLINE PAYMENT BANK TRANSACTION
DETAILS DATED 23/9/2024 IS PRODUCED
HEREWITH AND MARKED AS EXHIBIT P6.
Exhibit P7 BILL BEARING NO. 5568241014531 DATED
21-10-2024 IS PRODUCED HEREWITH AND
MARKED AS EXHIBIT P7.
Exhibit P8 DEMAND AND DISCONNECTION NOTICE OF THE
ASST. EXECUTIVE ENGINEER OF THE ABOVE SUB
DIVISION KSEBL ALUVA TOWN IS PRODUCED
HEREWITH AND MARKED AS EXHIBIT P8.
Exhibit P9 CURRENT CHARGE FOR THE AMOUNT OF RS.
52,597/ WAS PAID ON 27-11-2024 WIDE
RECEIPT NO. 0504205 DATED 27-11-2024
CHALLENGING THE LEVIED INTEREST PORTION.
WP(C) NO. 3093 OF 2025 7 2025:KER:71325
Exhibit P10 THE BILL BEARING NO. 5568241213521 DATED
18-12-2024 IS PRODUCED HEREWITH AND
MARKED AS EXHIBIT P10.
// TRUE COPY //
P.A. TO JUDGE
