IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 31ST JULY 2007 / 9TH SRAVANA 1929 OP.No. 13710 of 1999(F) ----------------------------- PETITIONER: --------------- DR.N.N.ASOKAN, MUVATTUPUZHA MEDICAL CENTRE, MUVATTUPUZHA , KERALA. BY ADV. SMT.T.A.ASHA RESPONDENTS: ------------------ 1. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, KERALA STATE ELECTRICITY BOARD, VETTURKONNAM MUVATTUPUZHA. 2. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM. 3. THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, REP.BY ITS CHAIRMAN. 4. STATE OF KERALA, REP.BY ITS SECRETARY, POWER DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.P.SANTHALINGAM, SC, KSEB SRI.C.K.KARUNAKARAN SC, KSEB THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 31/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.13710/1999 ORDER ON CMP. NO.22110/1999 IN OP. NO.13710/1999 DISMISSED 31.07.2007 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONER'S EXHIBITS EXT.P1:- COPY OF THE INTIMATION RECEIVED BY THE PETITIONER FROM 1ST RESPONDENT. EXT.P2:- COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER ON 11.1.99 TO THE RESPONDENT. EXT.P3:- COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT ALLOWING THE PETITIONER TO PAY THE PENALY CHARGES BY INSTALMENTS. EXT.P4:- COPY OF THE MEMO IMPOSING ADDITIONAL PEN ALTY ISSUED BY THE 1ST RESPONDENT. EXT.P5:- COPY OF THE DEMAND NOTICE ISSUED BY THE KERALA STATE ELECTRICITY BOARD, DT. 6.2.99 TO THE PETITIONER. EXT.P6:- COPY OF THE DEMAND NOTICE DT. 17.2.99 ISSUED BY THE KSEB TO THE PETITIONER. EXT.P7:- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DT. 2.3.99 IN OP. 5419/99. EXT.P8:- COPY OF THE NOTICE IMPOSING PENALY CHARGES ON THE PETITIONER ISSUED BY THE 1ST RESPONDENT. EXT.P9:- COPY OF THE JUDGMENT DT. 31.3.99 IN OP. 8798/99 OF THIS HONOURABLE COURT. EXT.P10:- COPY OF THE BILL DT. 16.4.99 OF THE 3RD RESPONDENT TO THE PETITIONER. OP. 13710/1999 EXT.P11:- COPY OF THE BILL DT. 16.4.99 OF THE 3RD RESPONDENT TO THE PETITIONER EXT.P12:- COPY OF THE DEMAND NOTICE DT. 12.2.99 OF THE 1ST RESPONDENT TO THE PETITIONER. EXT.P13:- COPY OF THE DEMAND NOTICE -DO- -DO- EXT.P14:- COPY OF THE APPLICATION DT. 25.3.99 OF THE PETITIONER. EXT.P15:- COPY OF THE JUDGMENT IN OP.NO.11260/99 DT. .4.5.99. EXT.P16:- COPY OF THE DEMAND NOTICE ISSUED BY THE KSEB DT. 18.5.99 IN RESPECT OF CONSUMER NO.K.539 DEMANDING A SUM OF RS. 15,057/-. EXT.P17:- COPY OF THE DEMAND NOTICE IN RESPECT OF CONSUMER NO.K530 DT. 18.5.99 DEMANDING A SUM OF RS. 7066/-. /TRUE COPY/ P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.13710 of 1999 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of July, 2007 JUDGMENT The petitioner approached this court aggrieved by the demands made in Exts.P16 and P17. He has been running a hospital and the same is being supplied electricity under Consumer No.K-530 and K-539. The petitioner was proceeded against for unauthorised additional load. He preferred objections to it and while so Exts.P5 and P6 demand notices for additional penalty were issued. Pursuant to Exts.P7 and P9 judgments he filed appeals before the authority concerned. Again, fresh demands were raised which resulted in Ext.P15 judgment directing the respondents to consider Exct.P14. It is contended by the petitioner that the additional penalty imposed on the petitioner while the matter was pending in appeals before the Deputy Chief Engineer is not correct. 2. The first respondent has filed a counter affidavit pointing out that the premises of the petitioner was inspected by the A.P.T.S., Ernakulam and an unauthorised additional load of 39 KW was connected through the Consumer No.K-530 and Consumer No.K-539. It is accordingly they imposed the penalty. In paragraph 7 it is stated that the Deputy Chief OP 13710/1999 -2- Engineer, APTS, K.S.E.B., Ernakulam convened a hearing and disposed of the appeal directing the petitioner to remit the penalty imposed. It is submitted that as per the records of the Electricity Board, the petitioner has remitted all the dues on instalment basis and has completed the payment. As per interim order dated 7.6.1999 passed by this court in C.M.P. No.22110/1999, there was a direction to pay one third of the amount demanded as per Exts.P16 and P17, within one month. Now that the instalments have been paid by the petitioner, no further orders are called for in this original petition. No other points have been raised also. The original petition is accordingly closed. (T.R. Ramachandran Nair, Judge.) kav/ OP 13710/1999 -3- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.13710 of 1999 - - - - -- - - - - - - - - - - - - - - - - - - - - JUDGMENT 31st day of July, 2007