IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 29745 of 2006(N) --------------------------------------- PETITIONER: ------------------- O.K. YOGAM MISSION HOSPITAL LIMITED, KODUNGALLUR, REPRESENTED BY ITS CHAIRMAN, P.ARAVINDAKSHAN. BY ADV. SRI.P.RAMAKRISHNAN, SMT.PREETHI RAMAKRISHNAN. RESPONDENTS: ----------------------- 1. KERALA STATE ELECTRICITY BOARD, VAIDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN. 2. THE ASSISTANT ENGINEER, KSEB ELECTRICAL MAJOR SECTION NO.II, KODUNGALLUR. 3. THE ASSISTANT EXECUTIVE ENGINEER, K.S.E.BOARD, ELECTRICAL SUB DIVISION, KODUNGALLUR. BY ADV. SRI.JOSE J.MATHEIKEL, SC, KSEB FOR R1 TO R3. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.29745/2006-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COMMUNICATION DTD. 16/07/1998 FROM THE R.2. EXT.P.2: COPY OF THE DEMAND DTD. 17/11/1999 ISSUED BY THE R.2. EXT.P.3: COPY OF THE INVOICE DTD. 17/01/00. EXT.P.4: COPY OF THE LETTER DTD. 23/02/00 OF THE R.2. EXT.P.5: COPY OF THE INVOICE DTD. 22/02/00 OF THE R.2. EXT.P.6: COPY OF THE JUDGMENT DTD. 02/01/06 IN W.A. NO. 747/03. EXT.P.7: COPY OF THE JUDGMENT IN W.A. NO. 1231/03 DTD. 09/11/05. EXT.P.8: COPY OF THE LETTER DTD. 16/10/06 ISSUED BY THE R.3. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.29745 of 2006 ----------------------------------------- Dated this the 19th day of September, 2008 JUDGMENT The writ petition is filed mainly with the following prayers:- a) Issue a writ of certiorari or other appropriate writ or order quashing and setting aside Exts.P4, P5 and P8. b) Hold that the demand made as per Exts.P4, P5 and P8 are arbitrary and illegal. 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.No.1231/2003 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) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.29745 of 2006 ----------------------------------- JUDGMENT 19th September, 2008