IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 OP.No. 2709 of 2000(V) --------------------------------- PETITIONER(S): ---------------------- BABY JOSEPH, (ELECTRICITY CONSUMER NO.8353), KIZHAKKAMBALAM TOURIST HOME, KIZHAKKAMBALAM , ERNAKULAM DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): ------------------------ 1. THE KERALA STATE ELECTRICITY BOARD, PATTOM, THIRUVANANTHAPURAM 4, REP.BY ITS SECRETARY. 2. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION (K.S.E.B), PERUMBAVOOR. 3. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, KIZHAKKAMBALAM. ADV. SRI.R.K.VENU NAYAR, SC, KSEB SRI.N.D.PREMACHANDRAN, SC, KSEB FOR R1TO3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.4409/2000 IN OP. NO.2709/2000 DISMISSED 29.20.2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE LETTER NO.DB1/99-2000/283 DT. 5.11.99 RECEIVED BY THE PETITIONER FROM THE 3RD RESPONDENT ON 6.11.99. P2:- COPY OF THE INVOICE NO.GC-93063 DT. 5.11.99 FOR RS. 26,836/- ACCOMPANYING EXT.P1. P3:- COPY OF THE B.O.NO.3225/98(PLG.COM. 3639/98) DT. 20.10.98. P4:- COPY OF THE PROCEEDINGS (ORDER) NO.B1-29161/93/CEI DT. 27.8.94 OF THE CHIEF ELECTRICAL INSPECTOR TO GOT. OF KERALA. P5:- COPY OF THE ORDER NO.GBI/22/95/96/1260/16-2-1998 DT. 5.1.98 OF THE EXECUTIE ENGINEER, ELECTRICAL DIVISION , ERNAKULAM. P6:- COPY OF THE PROCEEDINGS NO.GB/6/99-2000/4054 DT. 13.1.2000 OF 2ND RESPONDENT. P7:- COPY OF THE LETTER NO.BS/SS/APTS/17-1-2000 /382 OF THE 3RD RESPONDENT. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- O.P. No. 2709 of 2000 ----------------------------------------- Dated this the 29th day of October, 2008 JUDGMENT The writ petition is filed mainly with the following prayers:- i) to issue a writ of certiorari or any other writ or order quashing Exts.P1, P2, P6 and P7 to the extent they claim fixed charges and proportionate penal current charges for the unauthorised additional load and electricity duty. ii) to issue a writ of certiorari or any other writ, order or direction quashing Ext.P3 to the extent it demands payment of proportionate current charges based on the unauthorised additional load, if any. iii) to issue a writ of mandamus or any other writ, order or direction commanding the 2nd and 3rd respondents to issue revised bill in the place of Ext.P2 bill deleting the claims for proportionate penal current charges based on unauthorised additional load and electricity duty. 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 as far as unauthorised connected load is concerned. 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. OP NO. -:2:- KURIAN JOSEPH, J. ----------------------------------- O.P.No.2709 of 2000 ----------------------------------- JUDGMENT 29th October, 2008