IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 WA.No. 2340 of 2008() --------------------- AGAINST THE JUDGEMENT IN WPC.25725/2004 Dated 23/11/2007 .................... APPELLANTS/ RESPONDENTS ------------------------- 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. DEPUTY CHIEF ENGINER APTS, NORTHEN REGION, KOZHIKODE 673 032 3. ASSISTANT ENGINER APTS (RU) KSEB, KOZHIKODE 673032 4. ASSISTANT ENGINEER, ELECTRICAL SECTION KERALA STATE ELECTRICITY BOARD, RAMANATTUKARA 673622. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT/ PETITIONER ------------------------- MATTAYIL PRABHAKARAN, 53 YEARS, S/O. MATTAYIL JANAKI AMMA, MATTAYIL HOUSE, THRIKANDIYOOR AMSOM & DESOM, TIRUR POST, TIRUR TALUK, MALAPPURAM DT. ADV. SRI.P.T.MOHANKUMAR FOR R1 SRI.A.RANJITH NARAYANAN FOR R1 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. ------------------------------- W.A.No.2340 OF 2008 --------------------------------- Dated this the 19th day of November, 2011 J U D G M E N T ~~~~~~~~~~~ C.N.Ramachandran Nair, J. The question raised is whether the Board is entitled to recover penal charges for energy consumption for unauthorised load. This Court has taken the consistent view that under the conditions of supply penalty for unauthorised load can be levied only on fixed charges and not on energy charges. We, therefore, do not find any merit in the Writ Appeal and the same is dismissed. However, this judgment should not be taken as one rendered with reference to Section 126 of the Electricity Act, 2003. (C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) ps/19/11