IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 WP(C).No. 26463 of 2009(C) -------------------------- PETITIONER(S): --------------- E.PRASEEJA, MANOHAR JEWELLERIES,JEWEL HOUSE, PAYYANNUR,KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REP.BY THE SECRETARY,KERALA STATE ELECTRICITY BOARD,VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION,PAYYANNUR. 3. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL DIVISION,PAYYANNUR. 4. THE ASSISTANT ENGINEER, ELECTRICAL SECTION,PAYYANNUR. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 26463 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 22nd September, 2009. J U D G M E N T In respect of unauthorised additional load in the petitioner's establishment, which is a jewellery, penalty has been imposed and demanded by the Kerala State Electricity Board. The petitioner challenged the same in W.P(C) No. 24072/2009, which ended in Ext. P1 judgment, wherein, although this Court did not interfere with the demand for penalty, permitted the petitioner to pay off the amounts in instalments as directed in that judgment. The petitioner's contention is that the petitioner is paying the instalments on the due dates without default. Now Ext. P3 bill for further periods has been issued to the petitioner. The petitioner seeks instalment facility as permitted in Ext. P1 in respect of Ext. P3 also. 2. The learned standing counsel for the Board submits that the petitioner has neither applied for regularisation of the unauthorised load nor disconnected the unauthorised load and therefore the petitioner is liable to continue to pay penalty as well as regular electricity charges until either of the two is done. 3. Having heard both sides, I dispose of this writ petition with the following directions: For the purpose of paying the amounts in instalments as directed in Ext. P1 judgment, Ext. P3 bill would also be added to the total amounts payable by the petitioner and the petitioner shall pay the instalments taking into account Ext. P3 amount also. But, I make W.P.C. No.26463/09 -: 2 :- it clear that along with the instalments, the petitioner shall also pay the regular monthly electricity charges payable by the petitioner without default, which shall be a condition for the above facility. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.