Partly allowed

Parisons Estates and Industries Pvt.Limited v. Kerala State Electricity Board

Kerala HC15 Jun 2022WP(C)/38523/2016

Case brief

AI extract

What is this about?

This High Court of Kerala modified an order of the Electricity Appellate Authority. The Court recalculated the assessment period for unauthorized electricity usage by accepting the petitioner's admission that their home stay business started in August 2013, rather than the Authority's chosen end of 2012. The petition was disposed of with this modification.

What did the court decide?

Order of the Appellate Authority is modified to calculate the period for unauthorized use starting from August 2013 until the date of inspection.

Parisons Estates and Industries Pvt.Limited Vs Kerala… — Consumer Protection | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE AMIT RAWAL

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WEDNESDAY, THE 15^TH DAY OF JUNE 2022 / 25TH JYAISHTA, 1944

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WP(C) NO. 38523 OF 2016

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PETITIONER/S:

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PARISONS ESTATES AND INDUSTRIES PVT.LIMITED GROUP OFFICE, CHERAKARA P.O, WAYANAD, REPRESENTED BY DIRECTOR N.K. KHALID.

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BY ADVS. SRI.C.P.MOHAMMED NIAS Julian Xavier.J Joseph FIROZ K.ROBIN(F-15) NIRMAL KURIEN EAPEN(K/000151/2022) ANJANA RAM(K/000695/2020)

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RESPONDENT/S:

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1 KERALA STATE ELECTRICITY BOARD VYDYUTHI BHAVANAM, PATTOM PALACE, THIRUVANANTHAPURAM 695 001.

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2 KERALA STATE ELECTRICITY Appellate Authority CC/51/52, NEAR 110 KV SUB STATION, VYTTILA, KOCHI 682 019.

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BY ADV SRI.P.A.AHAMED, SC, KERALA STATE ELECTRICITY BOARD LIMITED

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.38523/2016

JUDGMENT

Order Ext.P5 dated 1.11.2016 of the Kerala State Appellate Authority dismissing the appeal bearing No.151 of 2016 of petitioner consumer is under challenge in the present Writ Petition.

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The facts in brief are that the petitioner was running a tea factory under the name and style of M/s.Parisons Estates and Industries (P) Ltd. known as 'Thalapoya Tea Estate' at Cherakara, Thalapuzha with consumer code of 17/1537 under HT IA Industrial Tariff with a contract demand of 250 KVA with a load of 482.25 KW. On 5.2.2015 the Anti-power Theft Squad (hereinafter referred to as APTS), Kalpetta unit of KSEB Ltd. along with the officers of Electrical Section, Thavinjal conducted inspection on the premises and prepared a site mahazar resulting into issuance of a provisional assessment notice of Rs.14,98,182/- as per the amended provisions of Section 126 of Electricity Act, 2003. It was noticed that the petitioner had been misusing the electric connection and instead of industrial, was using it as a home stay for which LT VIIA connection was required. The final assessment order was issued resulting into

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WP(C) No.38523/2016

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challenge and during the interregnum, matter also reached this Court and ultimately Appellate Authority was directed to consider the matter afresh untrammelled by the observations made by this Court.

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Learned counsel appearing on behalf of the petitioner submitted that the demand of the electricity was not in accordance with the regulation 154(1)(ii) of the Electricity Supply Code 2014 as it should have been confined to 12 months inasmuch as that there is no ascertainment of the unauthorised use as specified on reading of the plain and simple provisions of Section 126 of 2003 Act. The visitors book of 2017 could not be a sole basis for determining the usage as in the occupation certificate, licence by the local Panchayat who run the business of home stay under the name and style of 'Thalapoya Bungalow' was granted only on 6.1.2014. The Appellate Authority heavily relied upon the comments in visitors book with regard to the following remarks : “we look forward to coming back for long stay”. Thus the order of the Appellate Authority is liable to be modified.

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Per contra Mr.Pramod, learned Counsel for the Kerala

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WP(C) No.38523/2016

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State Electricity Board, submitted that the findings of fact and law cannot be interfered with until and unless there is gross illegality and perversity. There has been adherence to all the regulations particularly the provisions of Section 126 as the visitors book place on record was source of ascertainment for determining the date from which the excess amount of unauthorised use was to be assessed. The remarks of the visitors cannot be ignored and rightly so the plea of consumer of having been used by the directors was repelled.

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I have heard the counsel for the parties and appraised the paper book.

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There is some force in the arguments of the counsel viz.a.viz the period of ascertainment. The admitted case of the petitioner in paragraph No.1 of memorandum of appeal, is that he started the business in 2013. The Appellate Authority has taken the period from 28.12.2012.

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No doubt the Panchayath had given the licence only in January 2014, but that cannot be construed to be the date of permission as there could be a chance that the application was submitted to the panchayat much earlier and the permission

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WP(C) No.38523/2016

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came only in 2013 and cannot be believed that the petitioner kept the premises idle awaiting such permission. Since there is a categoric admission in the memorandum of appeal about starting the business of home stay in August 2013, I would take the said date for imposition of the amount on unauthorised use of electricity as a cut off date, till 5.2.2015 i.e., the date of inspection. Order of the Appellate Authority is modified to that effect.

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Writ Petition stands disposed off.

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Sd/AMIT RAWAL JUDGE

csl

WP(C) No.38523/2016

APPENDIX OF WP(C) 38523/2016

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PETITIONER EXHIBITS

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EXHIBIT P1.	COPY OF THE JUDGMENT DATED 4.3.16 PASSED BY THIS HONOURABLE COURT IN WPC 8165/16.
EXHIBIT P2.	COPY OF THE ORDER DATED 27.5.16 PASSED BY THE 2ND RESPONDENT.
EXHIBIT P3.	COPY OF THE JUDGMENT DATED 28.6.16 OF THIS HONOURABLE COURT WPC 21327/16.
EXHIBIT P4.	COPY OF THE APPEAL PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT [WITHOUT ANNEXURES].
EXHIBIT P5.	COPY OF THE ORDER DATED 1.11.16 PASSED BY THE 2ND RESPONDENT.
EXHIBIT P6.	COPY OF THE TABULAR SHEET SHOWING THE OCCUPANCY OF THE RESORT.

Parisons Estates and Industries Pvt.Limited v. Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

Parisons Estates and Industries Pvt.Limited v. Kerala State Electricity Board

Case brief

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What did the court decide?

What the court decided

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