IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 24157 of 2005(A) --------------------------------------- PETITIONER: ------------------- BENNY JAMES,S/O.JAMES, AGED 42 YEARS,KOCHUVEMPILLIL HOUSE, UDUMPANNOOR P.O.,THODUPUZHA. BY ADV. SRI.S.P.CHALY. RESPONDENTS: ----------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDYUDHI BHAVAN,THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SECTION, KARIMANNOOR. 3. THE EXECUTIVE ENGINEER, ELECTRICAL CIRCLE, THODUPUZHA. 4. SENIOR SUPERINTENDENT, ELECTRICAL SECTION, KARIMANNOOR. 5. DEPUTY TAHSILDAR (RR), THODUPUZHA TALUK, IDUKKI DISTRICT. GOVERNMENT PLEADER FOR R5, ADV. SRI.JOSE J.MATHEIKEL, SC, KSEB FOR R1 TO R4. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No. 24157 of 2005 ----------------------------------------- Dated this the 24th day of September, 2008 JUDGMENT The prayer is for a direction to the respondents to refund the excess amounts collected from the petitioner. According to the petitioner in view of the decision of this court in K.S.E.B. v. Najeeb, 2005 (1) KLT 406 the maximum penalty that can be collected from the petitioner is only 150%. Petitioner may file an appropriate representation before the first respondent along with a copy of the judgment referred to above within a period of two months from today, in which case appropriate action in the light of the judgment referred to above shall be taken by the first respondent within another two months. In the process the grievance regarding the collection charges also will be considered by the first respondent. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.24157 of 2005 ----------------------------------- JUDGMENT 24th September, 2008