IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 OP.No. 10640 of 2001(N) ----------------------- PETITIONER(S): --------------- THOMAS ALAPPATT, ALAPPATT JEWELLERY BOUTIQUE, 37/894, A1 PIONEER TOWERS, MARINE DRIVE, ERNAKULAM. BY ADV. SRI.P.M.KUNJIMOIDEENKUTTY SRI.SANJAI PADIYATH RESPONDENT(S) 1. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, TRIVANDRUM-4.: 2. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, ERNAKULAM. 3. THE ASST. EXE. ENGINEER, CENTRAL MAJOR SECTION, K.S.E.B., ERNAKULAM. ADV. SRI.R.K.VENU NAYAR, SC, KSEB SRI.P.SANTHALINGAM, SC, KSEB SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 TO 3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 13/01/2009, A/W. O.P.NO. 14124/2001 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 10640/2001. --------------------------------------------------------------- EXT.P1 TRUE COPY OF LETTER DT. 15-12-2000. EXT.P1(a) INVOICE DT. 15-12-2000. EXT.P2 QUOTATION DT. 16-8-2000. EXT.P3 APPROVAL ORDER DT. 25-10-2000. EXT.P4 NOTICE DT. 2-11-2000. EXT.P5 COMPLETION CERTIFICATE. EXT.P6 INVOICE DT. 15-7-2000. EXT.P6(a) INVOICE DT. 15-8-2000 EXT.P6(b) INVOICE DT. 15-8-2000. EXT.P6(c) INVOICE DT. 15-10-2000 EXT.P6(d) INVOICE DT. 15-11-2000. EXT.P6(e) INVOICE DT. 19-12-2000. EXT.P7 APPEAL MEMORANDUM DT. 19-12-2000. EXT.P8 JUDGMENT IN O.P.NO. 36174/2000. EXT.P9 ORDER DT. 20-3-2001. EXT.P10 INVOICE DT. 15-12-2000. EXT.10(a) INVOICE DT. 15-1-2001. EXT.P10(b) INVOICE DT. 15-2-2001. EXT.P11 INVOICE DT. 15-3-2001. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. Nos. 10640 & 14124 of 2001 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 13th January, 2009. J U D G M E N T On a surprise inspection by the Anti Power Theft Squad in the electric installation of the petitioner's premises, they found that against the authorised load of 10 KV, the petitioner had unauthorised connected load of 21 KV. For the additional unauthorised connected load, penalty was imposed on the petitioner at three times both the fixed charges as well as the current charges. In O.P.No. 10640/2001, the petitioner is challenging Ext. P1 notice and Ext. P1(a) bill issued to him in this regard and Ext. P9 appellate order, whereby his appeal against the demand has been rejected. In the other original petition, the petitioner is challenging subsequent demand for penal charges at the same rate till the date of authorisation of additional load. 2. Although, several contentions are raised, the petitioner now submits that he would be satisfied if reliefs are granted to the petitioner in terms of my decision in George Joseph v. Kerala State Electricity Board & Others, I.L.R.2008(4) Kerala 377, wherein I had held that for unauthorised additional load, only three times fixed charges can be realised as penalty and no penalty can be relised on the energy charges in so far as for the actual energy the consumer had already paid the entire charges. 3. In so far as the issue has been decided by me in the above said judgment, I am inclined to grant the same relief as in that decision to the petitioner herein also. Accordingly, the impugned orders in these original petitions are quashed to the extent it demand penalty from the petitioner on the current charges. Revised bills computed and penalty on fixed charges alone shall be issued to the petitioner, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment, which shall be O.P. Nos10640 & 14124/01.. -: 2 :- paid by the petitioner. The petitioner shall be given credit to any amounts already paid during the pendency of the original petitions. If any excess amount has been paid, the excess amount shall be adjusted against future demand for current charges. Sd/- S. Siri Jagan, Judge. Tds/