IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WA.No. 1417 of 2007() --------------------- AGAINST THE JUDGEMENT IN OP.23082/1998 Dated 11/10/2006 .................... APPELLANT(S): RESPONDENTS; -------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. DEPUTY CHIEF ENGINEER, APTS, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, THIRUVANANTHAPURAM. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT(S): PETITIONER: -------------------------- K.G.PURUSHOTHAMAN, PROPRIETOR, HOTEL SUN-BEAN, GOVIND TOURIST HOME, THIRUVANANTHAPURAM. ADV. SRI.C.C.THOMAS, SENIOR ADVOCATE THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2009, ALONG WITH WA NO.637/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ---------------------------------------- W.A. No.1417 OF 2007 & W.A.No.637 of 2008 ---------------------------------------- Dated, the 23rd day of September, 2009 JUDGMENT Ramachandran Nair, J. Connected appeals are filed by the KSE Board against the judgment of the Single Judge setting aside the penal bills impugned in the Writ Petition. The learned counsel appearing for the KSE Board produced copies of the very same judgments of the Division Bench relied on by the Single Judge i.e., W.A.No.1231/2003 & connected cases and W.A No.1306/2007 wherein the Division Bench has taken the considered view that amended clause 42(d) of the Regulation relating to Conditions of Supply of Electrical Energy, would not operate retrospectively and, so much so, for unauthorised use of power and for unauthorized load installed by the consumer, penal charges for proportionate consumption of energy also could be levied for the period prior to the amendment. However, after amendment, no penal charges could be levied on proportionate energy charges WA 1417/07 & 637/08 -:2:- but should be limited to the fixed charges. Relying on the two Division Bench judgments above referred, we allow the writ appeals by reversing the judgment of the learned Single Judge. However, we direct the Board to reconsider whether maximum penal charges should be demanded or otherwise to reduce it in proportionate to the gravity of misuse, after hearing the consumer. C.N.RAMACHANDRAN NAIR JUDGE V.K.MOHANAN, JUDGE kvm/- WA 1417/07 & 637/08 -:3:- V.K.MOHANAN, J. O.P.No. JUDGMENT Dated:..