IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 OP.No. 11497 of 2002(R) ------------------------------------ PETITIONER(S): ------------------------- M/S.CONSTAL ICE AND COLD STORAGE, CC 16/1110-B, PLOT NO.28,FISHERIES HARBOUR, THOPPUMPADY, KOCHI-682 005,REPRESENTED BY IT'S PROPRIETOR, MR.ANCY JOSEPH, AGED 31 YEARS, S/O.K.J.JOSEPH,KONNOTH HOUSE, KOCHUPPALLY ROAD, THOPPUMPADY, KOCHI-682 005. BY ADV.MR.PEEYUS A.KOTTAM RESPONDENT(S): ------------------------ 1. THE SECRETARY, KERALA STATE ELECTRICITY BOARD,VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER, ANTI POWER POWER THEFT SQUAD (HQ),VYDHYUTHI BHAVAN 4TH FLOOR, PATTOM, THIRUVANANTHAPURAM-4. 3. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL MAJOR SECTION, THOPPUMPADY. R1 TO R3 BY MR.N.D.PREMACHANDRAN, SC, KSEB THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.19997/2002 IN OP. NO.11497/2002 DISMISSED 08/09/2009 SD/- S.SIRI JAGAN, JUDGE APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE INVOICE NO.BC 71306 ISSUED BY THE KERALA STATE ELECTRICITY BOARD DTD. 18.3.02. P2:- COPY OF THE COMMUNICATION ISSUED FROM THE 2ND RESPONDENT DTD. 10.4.02 TO THE PETITIONER. P3:- COPY OF THE INVOICE NO.BM 41302 ISSUED BY THE KERALA STATE ELECTRICITY BOARD, DTD. 26.4.02. TRUE COPY P.S. TO JUDGE tss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 11497 of 2002 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 8th September, 2009. J U D G M E N T The petitioner is challenging Ext. P3 bill by which the petitioner has been directed to pay penal charges for using unauthorised additional load. Penalty has been imposed both on fixed charges as well as on energy charges. The petitioner is challenging the same. 2. In my decision in George Joseph v. K.S.E.B and others, ILR 2008(4) Ker. 377, I had held that for unauthorised additional load, penal charges are payable only in respect of fixed charges and no penal charges are payable in respect of energy charges in the case of unauthorised additional load. Although counsel for the Kerala State Electricity Board would contend that the said judgment is pending in appeal before the Division Bench, it is admitted that the Division Bench has not granted any stay. That being so, following that judgment, Ext. P3 to the extent it demands penal charges on energy charges is quashed. The competent among the respondents shall issue a revised bill confining the penal charges to fixed charges alone deleting penal charges on energy charges, on receipt of which the petitioner shall pay the same. Needless to say, from that amount, the amount deposited pursuant to the interim order of this Court shall be adjusted. If any excess amount is payable to the petitioner, the same shall be adjusted towards the future bills of the petitioner. The original petition is allowed as above. Sd/- S. Siri Jagan, Judge. Tds/