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. 13179 of 2006(R) -------------------------------------- PETITIONER: ------------------ M/S. GEO SEA FOODS, THOPPUMPADY, COCHIN-682 005, REPRESENTED BY ITS MANAGING PARTNER. BY ADV. SRI.TOM K.THOMAS RESPONDENTS: ---------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVANAM, PATTOM, TRIVANDRUM-695 004, REPRESENTED BY ITS SECRETARY. 2. DEPUTY CHIEF ENGINEER (ANTI POWER THEFT SQUAD), KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVANAM, PATTOM, TRIVANDRUM-695 004. 3. THE SPECIAL OFFICER (REVENUE), K.S.E.B., VYDHYUTHI BHAVANAM, PATTOM, TRIVANDRUM-695 004. 4. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION THOPPUMPADY, COCHIN-682 005. ADV. SRI.JOSE J.MATHEIKEL, SC, KSEB FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.13179 of 2006 ---------------------------------------------- Dated 24th September, 2008. J U D G M E N T The writ petition is filed mainly with the following prayers :- “(1) Call for the records leading to issue of Exts.P2 and P6 and issue a writ of certiorari or any other appropriate writ or order or direction, quashing the same. (2) Declare that the petitioner is not liable to pay any amount covered by Ext.P2 demand dated 16.2.2004 and confirmed in Ext.P6 dated 29.4.2003. (3) A writ of mandamus or any other appropriate writ or order or direction commanding the first respondent to dispose of Ext.P8 appeal forthwith.” 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 as far as unauthorised connected load is concerned. 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. KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.13179 of 2006 ---------------------------------------------- J U D G M E N T Dated 24th September, 2008.