IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WA.No. 2414 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.14339/2009 .................... APPELLANT/PETITIONER: ------------------------ P.V.MATHAI PILLAI,AGED 82 YEARS, D/O. VARKEY, PADINJAREKUDIYIL VEEDU, RAJAKUMARI P.O., IDDUKKI DISTRICT. BY ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENTS/RESPONDENTS -------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVAN,PATTOM,TRIVANDRUM, REPRESENTED BY ITS SECRETARY. 2. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, CHITHIRAPURAM, IDDUKI DISTRICT. 3. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, RAJAKUMARI, IDDUKKI DISTRICT. 4. THE DEPUTY TAHSILDAR (RR) UNUMBANCHOLA, IDUKKI DISTRICT. ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 TO R3 SR. G.P. SMT.K.MEERA FOR R4 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN, AG. C.J. & C.N.RAMACHANDRAN NAIR, J. .................................................................... Writ Appeal No.2414 of 2009 .................................................................... Dated this the 19th day of February, 2010. JUDGMENT Ramachandran Nair, J. The challenge is against judgment of the learned Single Judge confirming the demand of fixed charges for six months after disconnection. Even though counsel for the appellant opposed, we feel the demand is rightly sustained because clause 34(c) of the Conditions of Supply of Electrical Energy authorises the KSEB to collect only fixed charges for six months from disconnection and not beyond. Even though we find no merit in the Writ Appeal, having regard to the fact that supply is disconnected and dismantled long back, we feel partial modification of the judgment can be made in regard to interest payable. We, therefore, fix the liability at Rs.3,500/- (Rupees three thousand five hundred only), which if the appellant pays within two weeks from date of receipt of copy of this judgment, balance demand or other charges will stand waived. Recovery proceedings will be kept in abeyance for six weeks from now and thereafter if 2 payment is not made as above, full amount could be recovered and in case payment is made, recovery proceedings will stand quashed. Writ Appeal is disposed of as above. P.R.RAMAN Acting Chief Justice C.N.RAMACHANDRAN NAIR Judge pms