IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 WA.No. 1973 of 2007() --------------------- AGAINST THE JUDGEMENT IN OP.14000/2003 Dated 12/12/2006 .................... APPELLANT(S)/RESPONDENTS: -------------------------------------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. EXECUTIVE ENGINEER, ELECTRICIAL MAJOR SECTION, PERUMBAVOOR. 3. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, PERUMBAVOOR. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT(S)/PETITIONER: ------------------------------------------ SMT.P. SAFIYA BEEVI, AGRO-TECH INDUSTRIES & EXPORTERS, M.C. ROAD, KAJIRAKKAD, PERUMBAVOOR. ADV. SRI.M.RAMESH CHANDER THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 13/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY, Ag. CJ. & P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WRIT APPEAL No. 1973 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of February, 2009. JUDGMENT KOSHY, Ag.CJ, Petitioner, an electricity consumer, was imposed with penal charges for consumption of electricity than the allotted load. The contention of the petitioner is that even though the consumed electricity is more than the authorised capacity, there was no theft of energy and she is paying charges as per the meter charges. A new Circular was issued by the Board on 18.9.2000 limiting the penal charges. But in this case, it is for the prior period. In W.A. 1231 of 2003 various directions were issued by the Division Bench regarding the charging of penalty, splitting of inspections conducted before 18.9.2002 and after 18.9.2002. In the above circumstances, even though we agree that Exts.P8 and P9 should be quashed and revised bill has to be issued, the revised bill should be issued in accordance with the directions in W.A. 1231 of 2003. Petitioner can also file a representation before the second respondent and the second respondent should pass a speaking order with regard to the petitioner's case after considering the WA. 1973/2007. 2 representation of the petitioner in accordance with the directions of the Division Bench in W.A. 1231 of 2003. Since the matter was pending in this court, interest shall not be charged for the period after the filing of the writ petition. Petitioner can also request for payment of the amount demanded as per the revised bill in instalments, if necessary. The writ appeal is disposed of as above. J.B. KOSHY, ACTING CHIEF JUSTICE P. BHAVADASAN, JUDGE sb.