IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 9933 of 2005(G) ------------------------------------- PETITIONER: -------------------- UNITED WOOD AND METAL INDUSTRIES, BRIDGE ROAD, ALUVA-6893101, REP.BY MANAGING DIRECTOR ROY THALIATH. BY ADV. SRI. RESPONDENTS: ---------------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM. 2. THE DY. CHEIF ENGINEER, ANTI POWER THEFT SQUAD, KERALA STATE ELECTRICITY BOARD, PATTOM PALACE P.O., THIRUVANANTHAPURAM. 3. THE SUB ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL MAJOR SECTION, ALUVA. 4. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL MAJOR SECTION ALUVA. 5. THE ASSISTANT ENGINEER, K.S.E.B., ELECTRICAL SECTION ALUVA. ADV. SRI.P.SANTHALINGAM, SC, KSEB FOR R1 TO 5 SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 TO 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.9933/2005 APPENDIX PETITIONERS EXHIBITS EXT.P1;- COPY OF THE MAHAZAR DT. 24. 4. 02. EXT.P2:- COPY OF THE APPEAL PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P3:- COPY OF THE APPEAL PREFERRED BY THE PETITIONER. EXT.P4:- COPY OF THE APPLICATION FOR STAY FILED ALONG WITH EXT.P3 BEFORE THE 2ND RESPONDENT. EXT.P5:- COPY OF THE JUDGMENT DT. 7.5.02 IN OP. NO.12413/02 WAS DISPOSED OF BY THIS HONOURABLE COURT. EXT.P6:- COPY OF THE ARGUMENT NOTE SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P7:- COPY OF THE JUDGMENT DT. 6.2.2004 IN OP. NO.6360/1998 OF THIS HONOURABLE COURT. EXT.P8:- COPY OF THE ORDER BEARING NO.APTS/DY. CE/RV-171/02/EKM/614 DT. 17.2.2005 ISSUED BY THE DEPUTY CHIEF ENGINEER, APTS, ERNAKULAM. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.9933 of 2005 ----------------------------------------- Dated this the 11th day of July, 2008 JUDGMENT The writ petition is filed mainly with the following prayers:- a) call for the records leading to Exts.P2, P8 and P9 and quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction; b) direct the 5th respondent to return to the petitioner a sum of Rs.1,11,509/- mentioned in Ext.P10 along with interest at the rate of 18% per annum within a time limit to be fixed by this Hon'ble Court. As far as penalty for unauthorised connected load is concerned, it is now settled law in view of the Bench decision of this Court in W.A.No.1231/2003 that the penalty has to be limited to the fixed charge portion. It is held that there shall not be any penalty by way of proportionate energy charges. The impugned demands are quashed making it clear that the liability of the petitioner shall only be for the penalty for fixed charge portion. The revised demand shall be issued to the petitioner and the amounts already remitted by the petitioner shall be adjusted. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.9933 of 2005 ----------------------------------- JUDGMENT 11th July, 2008