IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 OP.No. 5993 of 2000(L) ------------------------------ PETITIONER(S): ----------------------- M.J.TOMY CONSUMER NO. 14139 METRO SILKS & SAREES ANGAMALY. BY ADV. SRI.KKM.SHERIF SRI.SANJAI PADIYATH RESPONDENT(S): ------------------------- 1. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, ANGAMALY. 3. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, PERUMBAVOOR. BY ADV. R.K.VENUNAIR [S.C] SRI.C.K.KARUNAKARAN,S.C. FOR RESPONDENT THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 5993 of 2000(L) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE PHOTOCOPY OF THE INVOICE WITH PAYMENT DETAILS PERTAINING WITH THE CONSUMPTION OF THE PETITIONER FOR THE MONTH OF MAY. EXT.P1(a) - TRUE PHOTOCOPY OF THE INVOICE WITH PAYMENT DETAILS PERTAINING WITH THE CONSUMPTION OF THE PETITIONER FOR THE MONTH OF JUNE. EXT.P1(b) - TRUE PHOTOCOPY OF THE INVOICE WITH PAYMENT DETAILS PERTAINING WITH THE CONSUMPTION OF THE PETITIONER FOR THE MONTH OF JULY. EXT.P1(c) - TRUE PHOTOCOPY OF THE INVOICE WITH PAYMENT DETAILS PERTAINING WITH THE CONSUMPTION OF THE PETITIONER FOR THE MONTH OF AUGUST. EXT.P1(d) - TRUE PHOTOCOPY OF THE INVOICE WITH PAYMENT DETAILS PERTAINING WITH THE CONSUMPTION OF THE PETITIONER FOR THE MONTH OF SEPTEMBER. EXT.P1(e) - TRUE PHOTOCOPY OF THE INVOICE WITH PAYMENT DETAILS PERTAINING WITH THE CONSUMPTION OF THE PETITIONER FOR THE MONTH OF OCTOBER. EXT.P2 - TRUE COPY OF THE LIST DATED 18.11.1999 INSTALLATION INCLUDING RENOVATION OF INSTALLATION. EXT.P3 - TRUE COPY OF THE COMMUNICATION DATED 20.11.99. EXT.P3(a) - TRUE COPY OF THE INVOICE NO. 57510 DATED 27.11.1999. EXT.P4 - TRUE COPY OF THE MEMORANDUM OF APPEAL. EXT.P5 - TRUE COPY OF IMPUGNED INVOICE RECEIPT 34 DATED 4.12.1999. EXT.P6 - TRUE COPY OF THE 23 APPLICATION. EXT.P6(a) - TRUE COPY OF THE 24 RECEIPT. EXT.P7 - TRUE COPY OF THE 25 TO 26 SPECIMEN OF FORM NO.3. EXT.P8 - TRUE COPY OF THE 27 TO 30 STATEMENT DATED 21.1.2000. EXT.P9 - TRUE COPY OF THE ORDER 31 TO 32 DATED 14.2.2000. EXT.P10 - TRUE COPY OF THE 33 TO 35 COMMUNICATION DATED 18.2.2000. EXT.P11 - TRUE COPY OF THE 36 TO 37 BOARD. ORDER NO. NO. 3225/98 (PLG.COM.3639/98) DATED 20.10.1998. /TRUE COPY/ PA TO JUDGE rhs S.SIRI JAGAN, J ================== O.P.No.5993 of 2000 ================== Dated this the 10th day of November, 2008. J U D G M E N T The petitioner is a consumer of electricity. An inspection was conducted in the premises of the petitioner on 18.11.1999 and it was found that as against a sanctioned load of 30KW, the petitioner had a connected load of 41 KW with an excess of 11 KW as unauthorised additional load. Ext.P3 bill was issued to the petitioner demanding penal charges on fixed charges as well as the energy charges on the unauthorised additional load. The petitioner challenges both the findings regarding unauthorised load as well as demand for penal charges on energy charges also in addition to fixed charges. 2. I have heard the learned counsel for the petitioner as well as the standing counsel for the electricity board. 3. As far as the question of facts regarding unauthorised additional load is concerned the petitioner is unable to satisfy me that the petitioner did not use the unauthorised additional load. Therefore, I do not find any merit in the challenge against the finding regarding unauthorised additional load. O.P.No.5993 of 2000 - 2 - 4. Regarding the 2nd contention, I have considered identical issue in George Joseph v. KSEB and others ILR 2008(4) Ker.377 in which I held that for unauthorised additional load, in the absence of any allegation of theft of energy, penal charges can be imposed only in respect of fixed charges and not on energy charges. Following that judgment, I quash that part of the impugned orders whereby penal charges are levied on energy charges also in addition to fixed charges. Fresh bill for penal charges on fixed charges alone shall be issued and recovered from the petitioner, as expeditiously as possible. The original petition is disposed of as above. S.SIRI JAGAN, JUDGE rhs