IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 WA.No. 1516 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.2960/2000 Dated 18/11/2008 .................... APPELLANT(S): RESPONDENTS 2 TO 4 -------------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE DEPUTY CHIEF ENGINEER, ANTI POWER THEFT SQUAD (HQ), VYDHUDHI BHAVAN, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, THRITHALA. BY ADV. SRI.P.SANTHALINGAM, SC FOR KSEB RESPONDENT(S): PETITIONER-1ST RESPONDENT ---------------------------------------- 1. DR.M.RAMAKRISHNAN, SUPERINTENDENT, MODERN HOSPITAL, KOTTANAD. 2. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, POWER DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.M.B.PRAJITH FOR R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.NO.1516/2009 APPENDIX APPELLANT'S EXHIBITS ANNEXURE-A1 : COPY OF GO(FB)NO.2710/2006 (LA V/2309/2004) DATED 04/11/2006, THIRUVANANTHAPURAM. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & K.VINOD CHANDRAN, JJ. .................................................................... W.A. No.1516 of 2009 .................................................................... Dated this the 18th day of November, 2011. J U D G M E N T Ramachandran Nair, J. The issue raised by the KSEB in this appeal is squarely covered by large number of decisions of this Court wherein this Court held that for unauthorised load penalty has to be levied with reference to fixed charges only and not based on power consumption, which admittedly is recorded in the meter and paid for by the consumer. However, this decision does not apply to Section 126 of the Electricity Act, 2003. Consequently, we dismiss the Writ Appeal. (C.N.RAMACHANDRAN NAIR, JUDGE) (K.VINOD CHANDRAN, JUDGE) jg