IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WA.No. 1306 of 2007() --------------------- {IN OP.22379/1999 OF THIS COURT} .................... APPELLANT(S): RESPONDENTS --------------------------------------------------- 1. ASSISTANT EXECUTIVE ENGINEER ELECTRICAL MAJOR SECTION ALATHUR 2. KERALA STATE ELECTRICITY BOARD REP: BY ITS SECRETARY VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT(S): PETITIONER ------------------------------------------------- M.A.ABDUL AMANULLA PROPRIETOR, JAWAHAR POLY PRODUCTS PADOOR, ALATHUR ADV. SRI.P.VIJAYA BHANU THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY, Ag.C.J. & V.GIRI, J. ------------------------- W.A.No.1306 of 2007 ------------------------- Dated this the 3rd day of February, 2009. JUDGMENT Koshy, Ag.C.J. The writ petitioner challenged Exts.P1 and P2 bills before the learned single Judge. Learned single Judge allowed the writ petition and set aside the bills, relying upon the decision of the Division Bench in W.A.No.1231/03. Aggrieved by the judgment, the respondents have come up in appeal. 2. Learned counsel for the 2nd appellant Electricity Board submits that the Division Bench in the said judgment only stated that statutory notification dated 18.09.2002 cannot be applied retrospectively. But, it can be applied prospectively and here, only prospective charges from 10.9.2002 are demanded. In the judgment in W.A.No.1231/03 in paragraphs 10 and 12, it was also stated that in all cases where maximum penalty is imposed, it should be considered on the facts of each case and discretion for imposing the said penalty is left to the Board Authorities. W.A.No.1306 of 2007 :: 2 :: 3. In Exts.P1 and P2, no reasons are stated for imposing the maximum penalty. Therefore, we set aside the judgment under appeal and Exts.P1 and P2 and direct the 1st respondent to hear the writ petitioner. The parties are directed to treat Exts.P1 and P2 only as show cause notices. The 1st respondent is directed to hear the writ petitioner and pass a detailed order. Only after passing a detailed order, further steps can be taken. Writ appeal is allowed to the above extent. Sd/- (J.B. KOSHY) ACTING CHIEF JUSTICE Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge