P.K.MOHANAN vs THE ASSISTANT ENGINEER

The petitioner is aggrieved with Ext.P9 order

passed by the appellate authority. The petitioner''s

premises were inspected by the Anti Power Theft Squad

(APTS). The mahazar prepared is produced at Ext.P1.

The very same building had three connections: two

commercial connections and one residential connection.

The commercial connections were numbered as

Consumer Nos. 8657 and 8658.

Consumer no. 8657 had tariff of LT VII B, in

which one photostat machine was operated, with a

connected load of 750 Watts. Consumer no. 8658 was

with respect to a hotel carried on in the name of Swathy

Hotel. There were only bulbs and fans connected to the

said connection. Consumer no. 10834 was a residential

connection. Admittedly, the petitioner''s building had a

hotel and a photostat machine on the ground floor and

was used as a residence on the first floor. It is the

contention of the petitioner that the kitchen of the

residence was in the ground floor and this was taken as

a kitchen of the hotel. The petitioner also relied on

photographs produced as Exts.P6 and P7; to show that

there was, in fact, another kitchen to cater to the hotel

which did not have any electrical equipment.

These photographs were produced before the

appellate authority also. The appellate authority rightly

found that these photographs are taken after the

inspection of the APTS; only to take up a specific

contention that the kitchen was not used for the hotel.

There is no such contention taken up before the APTS

when the inspection was conducted. Admittedly, the

petitioner was residing in the first floor of a building;

the ground floor of which was used as a hotel. In the

ground floor there was also a kitchen, wherein there

were electrical equipment''s normally used in a kitchen.

The residential connection along with electrical equipment

found in the ground floor kitchen had a total connected load

of 4951 Watts. The sanctioned load for the residential

building was 1540 Watts, as is evident from Ext.P2.

In the circumstances as noticed above, it is

evident that the additional load used in the residential

premises was for the purposes of the hotel, a

commercial venture. The appellate authority found that

the connected load and purpose of each connection

have been clearly stated in the mahazar. No anomalies

were found in the premises of consumer nos. 8657 and

8658. The anomaly detected was with respect to the

use of additional connected load, in consumer

no.10834, allotted for residential purposes to the

building with two floors. The appellate authority also

found that even if the electrical equipments were those

given as presents by the petitioner''s friends, the APTS

was concerned with the use of such equipments with

power from a residential connection.

The unauthorized use of electricity in the

premises of consumer no. 10834 was found to have

been conclusively established and the same was

assessed under Section 126 of the Indian Electricity

Act, 2003. Based on Regulation 154(1) and Regulation

154(5) of the Kerala Electricity Supply Code, 2014, it

was found that the usage of electricity for the purpose

of hotel in a premises in which the connection was

obtained for domestic purposes, has to be reckoned as

unauthorized extension and the consumption would be

an unauthorized use; assessable under Section 126 of

the Electricity Act . The assessment was limited to the

unauthorized portion of usage of electricity and the

period of such use being not ascertainable, the bill

issued was for the twelve prior months. The appellate

authority found that assessment is to be limited to the

fixed charges for 5 kW and the energy charges for 2787

kW under LT VII A Tariff for a period of 12 months.

This Court does not find any reason to interfere with

Ext.P9 order.

The writ petition would stand dismissed. The

balance amounts, if any, to be remitted would be paid

within a period of one month from the date of receipt of

the certified copy of this judgment. No Costs