VidhiSangh

Supreme Court of India · 16/12/2022

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

[2022] 9 S.C.R. 85 · 2022 INSC 1293

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Summary

LT commercial and industrial consumers in Kerala were found drawing electricity beyond their connected or contracted load. The Kerala High Court held that where the overdrawal was in the same premises, for the same purpose and under the same tariff, and had been metered and paid for, Section 126(6) of the Electricity Act allowed only twice the fixed charges, not twice the energy charges. It relied on Regulation 153(15) of the Kerala Supply Code, 2014. The Supreme Court reversed this. Following Seetaram Rice Mill, excess-load consumption is unauthorised use under Explanation (b)(iv) to Section 126, even without any change of tariff, because it endangers the supply system. 'Tariff' includes both fixed and energy charges. Regulation 153(15) was declared invalid.

Issues

  1. Whether consumption of electricity in excess of the sanctioned or connected load, in the same premises, for the same purpose and under the same tariff, is 'unauthorised use of electricity' under Explanation (b) to Section 126 of the Electricity Act, 2003, assessable at twice the tariff including energy charges.
  2. Whether Regulation 153(15) of the Kerala Electricity Supply Code, 2014, which excludes such additional load from 'unauthorised use of electricity', is within the regulation-making power under Sections 50 and 181.

Provisions considered

Held

Result

Civil Appeal Nos. 9252-9253 of 2022 and connected appeals allowed without costs; paragraph 31(vi) of the Kerala High Court judgment dated 12.04.2017 in WP (C) No. 22644 of 2015 and paragraph 10 of the review order dated 21.08.2017 set aside; Regulation 153(15) of the Kerala Electricity Supply Code, 2014 declared invalid as inconsistent with Section 126 of the Electricity Act, 2003.

Judgment PDF: Supreme Court of India, [2022] 9 S.C.R. 85.