IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 OP.No. 3047 of 1999(K) ---------------------- PETITIONER(S): --------------- 1. M.C. NARAYANAN NAIR, KRISHNA NIVAS, PERAMBRA P.O., KOZHIKKODE DIST. 2. M.C KUNJI KELU NAIR, PROPRIETOR, 'LOVELY CLOTH MART, PERAMBRA P.O., KOZHIKODE DT. BY ADV. SRI.P.PARAMESWARAN NAIR SMT.SREELATHA PARAMESWARAN NAIR RESPONDENT(S): --------------- 1. THE PRINCIPAL SECRETARY, POWER DEPARTMENT, GOVT. OF KERALA, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. DY. CHIEF ENGINEER, ELECTRICAL CIRCLE, KOZHIKODE. 3. EXECUTIVE ENGINEER, ELECTRICAL DIVISIONAL OFFICE, BALUSSERY, KOZHIKODE DT. 4. ASST. EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, PERAMBRA. ADV. SRI.P.SANTHALINGAM, SC, KSEB SRI. C.K. KARUNAKARAN, S.C. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/02/2009, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONERS' EXHIBITS: O.P.NO. 3047/1999. ------------------------------------------------------------- EXT.P1 TRUE COPY OF APPLICATION FORM. EXT.P2 NOTICE DT. 5-5-1998. EXT.P3 DEMAND NOTICE DT. 4-5-1998. EXT.P4 LETTER SENT BY CHIEF ENGINEER. EXT.P5 LETTER DT. 16-1-1999. RESPONDENTS' EXHIBITS: ------------------------------------- EXT.R4(a) COPY OF SITE MAHAZAR. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 3047 of 1999 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 17th February, 2009. J U D G M E N T Pursuant to an inspection by Anti-power Theft Squad, unauthorised connected load was detected in the petitioners' electrical installation for which penalty to the tune of Rs.52,272/- has been levied on the petitioners. The petitioners are challenging the same in this original petition. 2. The petitioners now submit that the petitioners would be satisfied if the petitioners are given the benefit of the decision in George Joseph v. Kerala State Electricity Board & Others, ILR 2008(4) Ker. 377. In that decision, I held that for unauthorised additional load, a consumer is liable to pay penalty on the fixed charges alone and not on the current charges. Accordingly, the original petition is disposed of with a direction to the respondents to re-compute the penalty for fixed charges alone excluding penalty for current charges. Orders in this regard shall be passed as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. On such consideration, if any amount is due to be refunded to the petitioners, the same shall be adjusted against the future bills of the petitioners. Sd/- S. Siri Jagan, Judge. Tds/