IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 29TH DAY OF NOVEMBER 2011/8TH AGRAHAYANA 1933 W.A. No. 161 of 2009 ( ) ===================== AGAINST THE ORDER/JUDGMENT IN O.P. NO. 18703/1997 DATED 20-10-2008 APPELLANT/PETITIONER ====================== M/S. K&T AGRO MILLS, KALADY, REPRESENTED BY ITS DIRECTOR BY ADV.SRI. JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENTS/RESPONDENTS ========================== 1 KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2 SPECIAL OFFICER (REVENUE), KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. R1 BY ADV. SRI.C.K.KARUNAKARAN R2 BY SRI. P. SAUTHA LINGAM THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 29-11-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DST W.A. No. 161 /2009 ================= APPENDIX PETITIONER'S ANNEXURES: ANN.1 : COPY OF THE JUDGEMENT DATED 14.10.2008 IN O.P. NO. 12740/1998. ANN.2 : COPY OF THE COUNTER AFFIDAVIT FILED BY THE KSEB IN O.P. NO. 12740/1998 RESPONDENT'S ANNEXURES:NIL //TRUE COPY// P.A.TO JUDGE DST C.N. RAMACHANDRAN NAIR, & K. VINOD CHANDRAN, JJ ======================== W.A. NO. 161 No. of 2009 ========================= Dated this the 29th day of November, 2011 JUDGMENT C.N. Ramachandran Nair , J The dispute raised by the appellant is on the power bill and penal charges raised after inspection by the Anti Theft Squad. When inspection was conducted on 15/5/1996, the load seen was 139 KVA as against the connected load of 85 KVA. So much so, the Special Officer, Revenue levied penal charges at HT tariff against which the appellant filed an appeal before the Board and then a writ petition before this Court. The learned single Judge granted partial relief by limiting the penal charges till the appellant applied for enhancement of the connected load, which was granted on a later date by the Kerala State Electricity Board. The appellant's grievance which survives in the writ appeal is against the charging of penal rates applicable under HT tariff which is sought to be sustained by the Board. WA 161/2009 2 2. We have heard the learned counsel for the appellant and the Standing Counsel for the KSEB. During the hearing, the counsel for the appellant has relied on an order issued by the Board No.B.O.No.3225/98 (Plg.com.3639/98) dated 20/10/1998 wherein under Clauses 2 and 3, penal charges has to be limited at Low Tension tariff on all cases pending as on the date of the order. The Standing Counsel for the Board sought time for verifying whether the above order survives now. In any case what we notice is that even after noticing substantially higher load unauthorisely used by the appellant as on the date of inspection, which is over 100 KVA bringing the appellant under the HT tariff, the Board has permitted the appellant to retain LT tariff by limiting the connected load at below 100 KVA (97KVA). Considering all these aspects, the more appropriate authority to decide the matter is the Permanent Lok Adalat constituted at Ernakulam. The appellant and the Board can settle the matter before the Permanent Lok Adalat. We, accordingly dispose of the writ WA 161/2009 3 appeal by referring the matter to the Permanent Lok Adalat for decision. The Permanent Lok Adalat is authorised to decide the matter and if it is more favourable the appellant can accept it. The writ appeal is disposed of directing K.S.E.B.to follow and enforce PLA order if it is more favourable to the appellant. Appellant will approach the Permanent Lok Adalat with a petition within two weeks of receipt of a copy of this judgment. If the appellant fails to do so, the Board shall be free to take recovery steps for the amounts due, after making the modification allowed by the learned single Judge. We make it clear that Permanent Lok Adalat can decide the matter independently and should not consider the application as an appeal against single Judge's judgment. Sd/- C.N. RAMACHANDRAN NAIR (Judge) Sd/- K. VINOD CHANDRAN ks. (Judge) True copy P.S.To Judge WA 161/2009 4 ks