IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 OP.No. 20855 of 2002(G) ---------------------------------- PETITIONER(S): ------------------------ M.V.ULLAS, MANAGING DIRECTOR, GURUDEVA RICE AND AGRO PRODUCTS PVT. LTD., SOUTH VELLARAPALLY, KALADY BY ADV. SRI.DEEPU THANKAN SMT.DEEPA DEEPU THANKAN RESPONDENT(S): ------------------------ 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM 2. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, PERUMBAVOOR. 3. THE ASST. EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, KALADY ADV. SRI.KODOTH SREEDHARAN, SC, KSEB FOR R SRI.C.K.KARUNAKARAN, SC, KSEB THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.35855/2002 IN OP. NO.2085/2002 DISMISSED 05.12.2008 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE MAHAZAR PREPARED BY THE SUB ENGINEER , ELECTRICAL MAJOR SECTION, KALADY , DT. 26.3.02. P2:- COPY OF THE LETTER DT. 24.4.02 ISSUED BY THE 2ND RESPONDENT. P3:- COPY OF THE BILL ISSUED BY THE SENIOR SUPERINTENDENT, ELECTRICAL MAJOR SECTION, KALADY. P4:- COPY OF THE APPEAL DT. 29.4.02 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P5:- COPY OF THE LETTER DT. 12.7.02 ISSUED BY THE 3RD RESPONDENT. P6:- COPY OF THE BILL DT. 12.7.02 ISSUED BY THE 3RD RESPONDENT. /TRUE COPY/ P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.No. 20855 of 2002-G - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of December, 2008. JUDGMENT The petitioner is conducting a small scale industrial unit. He is having an electric connection with consumer No.5895 KJR. The connected load sanctioned is 86 KW. 2. After inspection of the premises, Ext.P1 mahazar was issued to the petitioner. The authorities found an unauthorised connected load of 11 KW. Accordingly, penal bill was also issued to the petitioner along with Ext.P2 letter. As per Ext.P3, the demand is for Rs.1,52,678/-. This was challenged before the Appellate Authority and the appeal was dismissed as per Ext.P5. 3. The legal issue that is raised, is whether under Regulation 42(d) of the Conditions of Supply of Electrical Energy, the authorities could have charged three times of the fixed charges and energy charges simultaneously. This court in the decisions in J.D.T. Islam Orphanage Committee v. Asst. Engineer, K.S.E.B. (2007 (3) KLT 388) and George Joseph v. K.S.E.B. and others (ILR 2008 (4) Ker. 377), has held that imposition of three times of fixed charges and energy charges cannot be justified and accordingly the Board was directed to impose only three times of fixed charges. I OP 20855/2002 2 respectfully follow the said view taken by this court in the above said decisions. Here, no theft of energy is involved. 4. Accordingly, Exts.P3 and P5 are quashed. The respondents are entitled to levy only three times of fixed charges alone. The Board will delete the amount claimed towards energy charges which was billed at twice the tariff. The respondents shall issue a revised bill to the petitioner showing the actual amount due. The amount already deposited during the pendency of the original petition will be adjusted towards the bill in question. Any excess amount collected, will be adjusted towards future bills. The original petition is allowed as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/ OP 20855/2002 3 T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.20855 of 2002 - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 5th December, 2008.