V.M.HASSAN Vs. KERALA STATE ELECTRICITY BOARD LTD.

JUDGEMENT

(1.) In all these cases, the issue involved is the same and hence they are disposed of by this judgment.

(2.) Petitioners were served with final assessment orders under Section 126 of the Indian Electricity Act, 2003 on detecting unauthorised additional load. Petitioners contend that even though they had availed of electric supply from the first respondent as LT consumers, alleging that their alleged unauthorised additional load was above 100 KVA, they have been imposed with penalty through the final assessment orders impugned in these writ petitions treating them as HT consumers.

(3.) It is contended that petitioners were LT consumers and even if it is assumed that unauthorised connected load was detected, petitioners could never be treated as HT consumers for imposing penalty. Imposing penalty on a LT consumer, treating him as a HT consumer, according to the petitioners, is contrary to law and is already deprecated by the Kerala State Electricity Board itself, through the letter issued by the Director (Distribution, IT & HRM) dated 06.03.2020 bearing No.D(D, IT & HRM) D2/Unauthorised U/007/2019-20.