IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WA.No. 380 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.13179/2006 Dated 24/09/2008 .................... APPELLANT(S): RESPONDENTS: ------------------------------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. DY.CHIEF ENGINEER, ANTI POWER THEFT SQUAD (HQ) KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. SPECIAL OFFICER (REVENUE) KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 4. ASST.ENGINEER, KSEB, ELECTRICAL SECTION, THOPUMPADI, COCHIN - 682 005. BY ADV. MR.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT(S): PETITIONER ------------------------------------------------ M/S.GEO SEA FOODS, THOPPUMPADY, COCHIN - 682 005, REPRESENTED BY ITS MANAGING PARTNER. BY ADV. MR. TOM K.THOMAS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy,Ag.C.J. & M.C.Hari Rani, J. ---------------------------------------- W.A. No. 380 of 2009 ---------------------------------------- Dated this the 2nd day of March, 2009 Judgment Koshy, Ag.C.J. Writ petitioner was imposed with penalty. The learned single Judge set aside the same and directed to issue a fresh demand. It is further held that there shall not be any penalty by way of proportionate energy charges. That will depend upon the facts of each case. The learned counsel for the writ petitioner submits that the entire penalty was paid. The judgment in W.A.No.1231 of 2003 has become final. We agree with the direction of the learned single Judge in setting aside the penalty order in so far as that does not speaking and we direct the first respondent (appellant herein) to hear the petitioner and pass fresh order in accordance with the decision of this court in W.A.No.1231 of 2003 as expeditiously as possible, in any event, within two months from the date of receipt of a copy of this judgment and if the order is set aside refund should be granted immediately or adjusted in future bills. J.B.Koshy Acting Chief Justice M.C. Hari Rani Judge vaa