IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 WP(C).No. 37724 of 2007(N) --------------------------------------- PETITIONER: ------------------ K.P.ABDUL SALAM,SON OF SAITHALAVI, KALLIPARAMBIL HOUSE,PALOLIPARAMBU,PERINTHALMANNA. BY ADV. SRI.T.K.VENUGOPALAN RESPONDENTS: ------------------------ 1. THE SECRETARY,KERALA STATE ELECTRICITY BOARD,VAIDYUTHI BHAVANAM,THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER,ELECTRICAL CIRCLE,MANJERI. 3. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION,PERINTHALMANNA. 4. ASSISTANT ENGINEER,ELECTRICAL SECTION, PERINTHALMANNA. BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.37724/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE MAHAZAR SAID TO BE PREPARED BY THE 4TH RESPONDENT. EXT.P2:- COPY OF THE BILL DT. 18.7.03. EXT.P2(a):- COPY OF THE CALCULATION STATEMENT WAS ATTACHED TO EXT.P2 BILL. EXT.P3:- COPY OF THE LETTER DT. 30.12.04 ISSUED BY THE 4TH RESPONDENT. EXT.P3(a):- COPY OF THE BILL FOR RS. 1,03,698/-. EXT.P4:- COPY OF THE APPEAL DT. 9.11.06. EXT.P5:- COPY OF THE LETTER DT. 30.8.07 ISSUED BY THE 2ND RESPONDENT. EXT.P6:- COPY OF THE BILL DT. NIL RECEIVED BY THE PETITIONER ON 1.12.07. EXT.P7:- COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT ON 31.10.2007. /TRUE COPY/ P.A. TO JUDGE tss Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.37724 of 2007 ================================== Dated this the 14th day of February, 2008. JUDGMENT Having heard the learned counsel for the petitioner and the learned standing counsel, the only sustainable ground under challenge to the impugned Ext.P7 is that the penalty has been imposed in excess of 1.5 times, which is bad, going by the decision of this Court in Najeeb v. K.S.E.B. (2005) 1 KLT 406. Accordingly, the impugned demand, to the extent it imposes a claim in excess of 1.5 times as penalty, is quashed and the respondents are directed to issue revised demand accordingly. If the amounts are paid, the question of re-connection will be considered. Because the premises does not have connection, it is directed that issue of revised bills in terms of this judgment will be done within a period of two weeks from the date of receipt of a copy of this WPC37724/2007 -:2:- judgment. Writ petition is disposed of in the above terms. Thottathil B.Radhakrishnan, Judge. sl.