IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 WA.No. 2923 of 2007() --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.12618/2003 Dated 27/03/2007 .................... APPELLANT(S): RESPONDENTS ------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION PERUMBAVOOR. 3. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, K.S.E.B., ANGAMALY. BY ADV. MR.C.K.KARUNAKARAN, SENIOR SC FOR KSEB RESPONDENT: PETITIONER -------------------------- K.K.CHANDRASEKHAR, MANAGING PARTNER, HOTEL RUKMINI, ANGAMALY. ADV. MR. PKM.HASSAN MR.J.JULIAN XAVIER MR.FIROZ K.ROBIN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.CJ & P.BHAVADASAN, J. =========================== W.A.No.2923 of 2007 =============================== Dated this the 10th day of February, 2009. J U D G M E N T Koshy, Ag.CJ. Writ petitioner was imposed with penal charges as he consumed more energy than the authorised load even though there was no theft of energy. Learned counsel for the respondent relied on the decision of a Division Bench of this Court in W.A.No.1231/2003 and held that energy charges under clause 42(d) of the Conditions of Supply has to be limited to fixed charges. Learned Single Judge allowed the original petition vacating the penal bill and order in appeal of the Executive Engineer and also to revise the penal bill on fixed charges for additional unauthorised load even though the sentence that, there is no scope for turning down the claim of the petitioner and he get refund exclusive of penal charges. Therefore, we dispose of this writ appeal directing the Executive Engineer to revise the penal bill considering the directions in W.A.No.1231/2003. J.B.KOSHY, ACTING CHIEF JUSTICE. P.BHAVADASAN, JUDGE. bkn/- W.A.No.2923 of 2007 2 The words “learned counsel for the appellant” occurring in the 2nd sentence of the judgment dated 10.02.2009 in W.A.No.2923/2007 are substituted with the words “learned counsel for the respondent” as per order dated 24.3.2009 in I.a.No.284/2009 in W.A.No.2923/2007. sd/- Registrar (Judicial)