KERALA STATE ELECTRICITY BOARD & ORS. versus THOMAS JOSEPH ALIAS THOMAS M. J. & ORS.

KERALA STATE ELECTRICITY BOARD & ORS. versus THOMAS JOSEPH ALIAS THOMAS M. J. & ORS.

Sections 126 and 127 of the Electricity Act, 2003 form a complete code; consumption in excess of sanctioned/connected load, even in the same premises and for the same purpose, constitutes 'unauthorised use of electricity' under Section 126 and may be assessed at twice the tariff applicable for the relevant category...

Source-derived case information.

Parties
Appellant: Kerala State Electricity Board & Ors.; Respondent: Thomas Joseph alias Thomas M. J. & Ors.; Respondent: Kerala State Electricity Regulatory Commission
Jurisdiction
India
Judgment Date
16 December 2022
Procedural Posture
Civil Appeal / Final Judgment
Legal Topics
Unauthorised Use of Electricity, Overdrawal/connected Load, Section 126 and Section 127 of the Electricity Act 2003, Kerala Electricity Supply Code 2014 R.153(15), Ultra Vires Doctrine, Tariff (fixed and Energy Charges)
Electricity Law Administrative Law Delegated Legislation Regulatory Law Unauthorised Use of Electricity Overdrawal/connected Load Section 126 and Section 127 of the Electricity Act 2003 Kerala Electricity Supply Code 2014 R.153(15) +2 more

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Parties

Kerala State Electricity Board & Ors.

Appellant

Thomas Joseph alias Thomas M. J. & Ors.

Respondent

Kerala State Electricity Regulatory Commission

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether consumption in excess of the connected/sanctioned load in the same premises and for the same purpose amounts to 'unauthorised use of electricity' under Explanation (b) to Section 126(6) of the Electricity Act, 2003
  2. 2 Whether Regulation 153(15) of the Kerala Electricity Supply Code, 2014 is ultra vires or inconsistent with Section 126 of the Electricity Act, 2003
  3. 3 Whether assessment under Section 126(6) includes energy charges as well as fixed charges and whether twice-the-tariff assessment can be applied where energy was metered and paid

Ratio Decidendi

Sections 126 and 127 of the Electricity Act, 2003 form a complete code; consumption in excess of sanctioned/connected load, even in the same premises and for the same purpose, constitutes 'unauthorised use of electricity' under Section 126 and may be assessed at twice the tariff applicable for the relevant category (including energy and fixed charges). Regulation 153(15) of the Kerala Electricity Supply Code, 2014 is inconsistent with Section 126 and is therefore invalid as ultra vires.