IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 14367 of 2004(I) ------------------------------------- PETITIONER: ------------------ M/S. RAJENDRA NURSING HOME, NEAR MALABAR CHRISTIAN COLLEGE, CALICUT-1, REP. BY ITS MANAGING PARTNER DR.P. RAJENDRAN, S/O. DR.P. BALRAM, AGED 67. BY ADV. SRI.C.P.MOHAMMED NIAS SRI.SHYAM PADMAN RESPONDENTS: ----------------------- 1. THE KERALA STATE ELECTRICITY BOARD REP. BY ITS CHAIRMAN VYDHUTHI BHAVAN, TRIVANDRUM. 2. THE DEPUTY CHIEF ENGINEER, APTS (HQ), 4TH FLOOR, VYDHUTHI BHAVAN, TRIVANDRUM. 3. ASST. EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, NADAKKAVE, CALICUT. ADV. SRI.N.N.SUGUNAPALAN(SR.)SC,KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 14367/2004-I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE BILL DATED 03/06/2002. EXT.P2: COPY OF THE BILL DATED 18/06/2002. EXT.P3: COPY OF THE JUDGMENT DATED 19/12/2003 IN W.A. NO.1869/2002. EXT.P4: COPY OF THE ORDER DATED 16/04/2004 PASSED BY THE 2ND RESPONDENT. EXT.P5: COPY OF THE NOTICE DATED NIL NO.SA1/NDKV/REV/2004-1/20-4/2004. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE ELECTRICAL ENERGY DEFINITION CLAUSE. EXT.R3(b): COPY OF THE LOAD DETAILS OF RAJENDRAN NURSING HOME, CALICUT DATED NIL. EXT.R3(c): COPY OF THE PROCEEDING OF THE ASST. EXECUTIVE ENGINEER, KSEB, NADAKKAVU. EXT.R3(d): COPY OF THE REPRESENTATION OF THE PETITIONER DATED NIL. EXT.R3(e): COPY OF THE PAYMENT STATEMENT MADE BY THE ASST. EXECUTIVE ENGINEER, KSEB, NADAKKAVU. EXT.R3(f): COPY OF THE PROCEEDING OF THE MAHAZAR REPORT DATED NIL. //TRUE COPY// P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) NO.14367 OF 2004 ---------------------------------------------- Dated 24th September, 2008. J U D G M E N T The writ petition is filed mainly with the following prayers :- “(1) to declare that the petitioner is not liable to pay the penalty imposed in Ext.P4 and P5 on the actual consumption and that at any rate clause 42 (d) of the conditions of supply of electrical energy is not attracted in the instant case. (2) to call for the records leading upto Exts.P4 and P5 and to quash the same by the issuance of writ of certiorari or any other appropriate writ order or direction.” As far as penalty for unauthorised connected load is concerned, it is now settled law in view of the Bench decision of this Court in W.A.1231/03 that the penalty has to be limited to the fixed charge portion. It is held that there shall not be any penalty by way of proportionate energy charges. The impugned demands are quashed making it clear that the liability of the petitioner shall only be for the penalty for fixed charge portion. The revised demand shall be issued to the petitioner and the amounts already remitted by the petitioner shall be adjusted. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) NO.14367 OF 2004 ---------------------------------------------- J U D G M E N T Dated 24th September, 2008.