IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N. RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 WA.No. 2864 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.5444/2007 Dated 18/09/2008 .................... APPELLANTS/RESPONDENTS ------------------------- 1. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, KSEB, CHITHARAPURAM, DEVIKULAM, IDUKKI DISTRICT. 2. ASSISTANT ENGINEER, KSEB, CHITHARAPURAM, DEVIKULAM, IDUKKI DISTRICT. 3. DEPUTY CHIEF ENGINEER (APTS), HEAD QUARTERS, VYDYUTHI BHAVAN, KSEB, THIRUVANANTHAPURAM. 4. DEPUTY CHIEF ENGINEER (APTS), ERNAKULAM DIVISION OFFICE, ALUVA. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT/ PETITIONER ------------------------- TOMMY MATHEW, MANAGING DIRECTOR, REPRESENTING HOTEL HILL VIEW, MUNNAR, IDUKKI DISTRICT. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. ---------------------------------- W.A.No.2864 OF 2009 ---------------------------------- Dated this the 19th day of November, 2011 J U D G M E N T ~~~~~~~~~~~ C.N.Ramachandran Nair, J. The question raised is whether the Board is entitled to recover penal charges for energy consumption for unauthorised load. This Court has taken the consistsent view that under the conditions of supply penalty for unauthorised load can be levied only on fixed charges and not on energy charges. We, therefore, do not find any merit in the Writ Appeal and the same is dismissed. However, this judgment should not be taken as one rendered with reference to Section 126 of the Electricity Act, 2003. (C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) ps/19/11