IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 WA.No. 797 of 2010-E -------------------- AGAINST THE JUDGEMENT IN OP.13694/1997 Dated 06/04/2009 .................... APPELLANTS: RESPONDENTS ------------------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY THE CHIEF ENGINEER, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. DEPUTY CHIEF ENGINEER, ANTI POWER THEFT SQUAD, KSEB, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 3. ASSISTANT EXECUTIVE ENGINEER, K.S.E.B., NADAKKAVU, KOZHIKODE. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT/ PETITIONER ------------------------- DR. K.G.ALEXANDER, M.D., MANAGING PARTNER, BABY MEMORIAL HOSPITAL, INDIRA GANDHI ROAD, KOZHIKODE. ADV. SRI.BECHU KURIAN THOMAS SRI.P.SANTHALINGAM THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & K. VINOD CHANDRAN,JJ ============================== C.M. APPLICATION NO. 380 OF 2010 & W.A. NO. 797 OF 2010 ============================ Dated this the 23rd November 2011 JUDGMENT Ramachandran Nair, J. This is a highly belated writ appeal filed with the delay of 326 days by the Kerala State Electricity Board challenging the judgment of the learned Single Judge directing the appellants to limit penal charges for unauthorised load only on the fixed charges. We have heard the learned Standing Counsel for the appellants and also the learned Counsel for the respondent. On merits, we have taken the consistent view that under the conditions of supply prior to the coming into force of the Electricity Act, 2003, penal charges for unauthorised load has been based on fixed charges and not on power consumption. Therefore, there is no case on merit for the appellant. Moreover, the delay condonation petition also lacks merit. Consequently, WA 797/2010 2 we dismiss the delay condonation petition as well as the writ appeal. However, this judgment should be taken as one applicable for the purpose of Section 126 of the Electricity Act, 2003. Sd/- C.N. RAMACHANDRAN NAIR, JUDGE Sd/- K. VINOD CHANDRAN, JUDGE ks True copy P.S. To Judge