[Cites 2, Cited by 0]
Kerala High Court
M/S. Wayanad Infrastructure Private ... vs The Kerala State Electricity Board ... on 10 February, 2026
WP(C) NO. 36613 OF 2025 &
WP(C) NO. 21121 OF 2025 1 2026:KER:11935
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 10th DAY OF FEBRUARY 2026 / 21ST MAGHA, 1947
WP(C) NO. 36613 OF 2025
PETITIONERS:
1 KERALA STATE ELECTRICITY BOARD LIMITED,
REPRESENTED BY ITS SECRETARY (ADMINISTRATION),
VYDYUTHI BHAVANAM, PATTOM P.O.,
THRIRUVANANTHAPURAM, PIN - 695004
2 ASSISTANT EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD LIMITED,
ELECTRICAL SUB DIVISION, KALPETTA,KALPETTA P.O.,
WAYANAD DISTRICT, PIN - 673121
BY ADV SHRI.ANTONY MUKKATH
RESPONDENTS:
1 M/S. WAYANAD INFRASTRUCTURE PRIVATE LTD. (WIPL),
REPRESENTED BY ITS AUTHORISED SIGNATORY-SRI.
ZALAZI KALLANGODE,NASEERA NAGAR, THAZHE
ARAPETTA, MEPPADY, WAYANAD, PIN - 673577
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.JOSE J.MATHAIKAL FOR R1
SRI. B. PREMOD, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING
ON 10.02.2026, ALONG WITH WP(C).21121/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 36613 OF 2025 &
WP(C) NO. 21121 OF 2025 2 2026:KER:11935
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 10th DAY OF FEBRUARY 2026 / 21ST MAGHA, 1947
WP(C) NO. 21121 OF 2025
PETITIONER:
M/S. WAYANAD INFRASTRUCTURE PRIVATE LIMITED,
AGED 45 YEARS, NASEERA NAGAR, THAZHE ARAPPETTA,
MEPPADI, WAYANAD,REPRESENTED BY ITS AUTHORISED
SIGNATORY ZALAZI KALLANGODAN, PIN - 673577
BY ADV SRI.JOSE J.MATHAIKAL
RESPONDENTS:
1 THE KERALA STATE ELECTRICITY BOARD LIMITED.,
REPRESENTED BY ITS CHAIRMAN AND MANAGING
DIRECTOR, VYDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
2 THE ASSISTANT EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD LIMITED
ELECTRICAL SUB DIVISION, KALPETTA, WAYANAD
DISTRICT, PIN - 673121
3 THE SPECIAL OFFICER REVENUE,
KERALA STATE ELECTRICITY BOARD LIMITED ,
VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM,
PIN - 695004
SRI. B. PREMOD, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING
ON 10.02.2026, ALONG WITH WP(C).36613/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 36613 OF 2025 &
WP(C) NO. 21121 OF 2025 3 2026:KER:11935
JUDGMENT
[WP(C) Nos.36613/2025, 21121/2025]
In W.P.(C) No.36613 of 2025, the Kerala State Electricity Board
and its official challenge Ext.P6 order passed by the Kerala State
Electricity Appellate Authority in Appeal No.397/2023 preferred by
the first respondent herein, the consumer.
2. W.P.(C) No.21121 of 2025 is filed by the first respondent,
consumer, in W.P.(C) No.36613/2025 for implementing the order of
the Appellate Authority, which is impugned by the Board.
3. The first respondent consumer is running a medical
college, hospital, a nursing college and a pharmacy college with
facilities for accommodation for doctors, students and staff at
Meppady, Wayanad District. Two high-tension electricity
connections were granted under the HT II B General Tariff and the
HT IV Commercial Tariff.
4. Consequent to an inspection by the Anti Power Theft Squad
WP(C) NO. 36613 OF 2025 &
WP(C) NO. 21121 OF 2025 4 2026:KER:11935
in the premises on 10.07.2023, it was alleged that the HT
commercial connection was being used for operating water
pumping motor and related equipments for supplying water to the
three apartments, daycare, beauty parlour, laundry and that the
usage of connection under HT IV commercial tariff for the pumping
of water for other purposes is a misuse of electricity and action was
taken under Section 126 of the Electricity Act.
5. Accordingly, a provisional order was issued, to which the
petitioner had submitted their objection. Ext.P3 final assessment
order was passed on 05.10.2023, imposing an amount of
Rs.68,90,756/- under Section 126 of the Electricity Act. It was
alleged that the assessment of electric charges as per Section 126(6)
under HT II B tariff from 11.07.2022 to 10.07.2023 was
Rs.1,36,66,908/-, and after deducting the amount of Rs.67,76,152/-
paid by the consumer for the said period, a demand was made for
Rs.68,90,756/-. The first respondent consumer challenged the same
before the Appellate Authority.
WP(C) NO. 36613 OF 2025 &
WP(C) NO. 21121 OF 2025 5 2026:KER:11935
6. The Appellate Authority found, after hearing both sides,
that the three residential buildings were under the commercial
tariff, which included daycare, beauty parlour, laundry and water
treatment plant, and the water for the use of the medical college
was being pumped using the said connection. The site mahassar
also found that the only purpose pertaining to the use of the
medical college was the pumping of water.
7. It is not disputed that all the buildings were being used for
purposes of the Medical College and that the purpose specified in
the service connection application was for an apartment, and it was
the licensee/KSEB who had assigned HT IV commercial tariff on the
application. Strangely, the KSEB had assigned a commercial tariff
for residential purposes at the time of effecting the connection.
8. The Appellate Authority, however, found that the consumer
did not change from the specified residential purpose. The
Appellate Authority also took note of the fact that the tariff order
neither makes any difference to the residence of doctors working in
WP(C) NO. 36613 OF 2025 &
WP(C) NO. 21121 OF 2025 6 2026:KER:11935
private hospitals, nor brings the residence of the doctors working in
private hospitals under a separate tariff. The consumer had not
requested an HT connection for the purpose of the apartment. But
the connection was issued under the HT IV commercial tariff, and
the consumer was using the same for residential purposes. The
only additional use alleged was the pumping of water for the use of
the medical college as well.
9. Thus, as rightly found by the appellate authority, it cannot
be said that the consumer, based on the admitted facts, can be
found to be indulging in unauthorised use of electricity. It is also to
be noticed that the tariff applicable for the use of pumping water,
which is a non-agricultural purpose, was HT I A, and since the
consumer was remitting under the HT IV A tariff, which is higher
than the applicable HT I A tariff, the consumer cannot be said to be
financially benefited by the same. There is no allegation of any
extension of electricity outside the premises. Thus, it cannot be
categorised as an unauthorised use of electricity coming within the
WP(C) NO. 36613 OF 2025 &
WP(C) NO. 21121 OF 2025 7 2026:KER:11935
meaning of Section 126 of the Act. The final assessment order dated
05.09.2023 was rightly set aside. The amount deposited by the
appellant was directed to be refunded along with interest under
Regulation 158(17) of the Kerala Electricity Supply Code, 2014.
10. Under such circumstances, the findings of the Appellate
Authority call for no interference in a judicial view. W.P.(C)
No.36613 of 2025 fails and is accordingly dismissed.
11. As far as W.P.(C) No.21121 of 2025 is concerned, since I
have already upheld the order of the Appellate Authority, the KSEB
will either refund the amount directed by the Appellate Authority
or adjust it towards the future charges. This shall be done within a
period of four months from the date of receipt of a copy of this
judgment.
W.P.(C) No.21121 of 2025 is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
DMR/-
WP(C) NO. 36613 OF 2025 &
WP(C) NO. 21121 OF 2025 8 2026:KER:11935
APPENDIX OF WP(C) NO. 36613 OF 2025
PETITIONERS' EXHIBITS
Exhibit P1 A TRUE COPY OF THE PROVISIONAL ASSESSMENT
ORDER NO. DB05/AEE/ESD KPTA/APTS/2023-
24/148 DATED 05.09.2023.
Exhibit P2 A TRUE COPY OF THE WRITTEN OBJECTION
DATED 18.09.2023 SUBMITTED ON BEHALF OF
THE 1ST RESPONDENT.
Exhibit P3 A TRUE COPY OF THE FINAL ASSESSMENT ORDER
NO. DB05/AEE/ESD KPTA/APTS/2023-24/148
DATED 05.10.2023.
Exhibit P4 A TRUE COPY OF THE APPEAL NO. 397 OF 2023
DATED 08.12.2023.
Exhibit P5 A TRUE COPY OF THE STATEMENT OF FACTS IN
APPEAL NO. 397 OF 2023, FILED BY THE
ASSISTANT EXECUTIVE ENGINEER, KERALA
STATE ELECTRICITY BOARD LIMITED,
ELECTRICAL SUB DIVISION KALPETTA.
Exhibit P6 A TRUE COPY OF THE ORDER DATED 26.10.2024
IN APPEAL NO. 397 OF 2023.
RESPONDENTS' EXHIBITS
Exhibit R1 A TRUE COPY OF MAHAZER DATED 10/7/2023.
Exhibit R1 B TRUE COPY OF MAHAZER DATED 14/7/2023.
Exhibit R1 C TRUE COPY OF ARGUMENT NOTE DATED
27/9/2024 FILED BY THE FIRST RESPONDENT
BEFORE APPELLATE AUTHORITY.
WP(C) NO. 36613 OF 2025 &
WP(C) NO. 21121 OF 2025 9 2026:KER:11935
APPENDIX OF WP(C) NO. 21121 OF 2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF FINAL ASSESSMENT ORDER
DATED 5/9/2023.
Exhibit P2 TRUE COPY OF APPEAL PETITION.
Exhibit P3 TRUE COPY OF APPELLATE ORDER DATED
26/10/2024 IN APPEAL NO 397/2023 ISSUED
BY THE STATE ELECTRICITY APPELLATE
AUTHORITY.
Exhibit P4 TRUE COPY OF REPRESENTATION DATED
11.3.2025 SUBMITTED BY THE PETITIONER
BEFORE THE THIRD RESPONDENT.
RESPONDENTS' EXHIBITS
Exhibit R-1(a) A TRUE COPY OF THE OBJECTION DATED
18-09-2023 OF THE PETITIONER.
Exhibit R-1(b) A TRUE COPY OF THE APPROVED SCHEME
ISSUED TO THE PETITIONER.
// TRUE COPY //
P.A. TO JUDGE
