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