IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 OP.No. 9788 of 2002(M) ---------------------- PETITIONER(S): ------------------- E.M.BABY, SON OF E.O.MATHAI,MANAGING PARTNER, EDATHANALIL MODERN RICE MILL,MATTOOR, KALADY,ERNAKULAM DISTRICT. BY ADV. SRI.T.K.VENUGOPALAN SRI.SHIBU JOSEPH SRI.V.DEVAN RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY,VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION,KALADY. 3. THE EXECUTIVE ENGINEER,ELECTRICAL DIVISION,K.S.E.BOARD,PERUMBAVOOR. ADV. SRI.P.SANTHALINGAM, SC, KSEB FOR R1TO3 SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 TO 3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 9788 of 2002 ORDER ON C.M.P.NO.17388 OF 2002 IN O.P.NO.9788 OF 2002 CLOSED. 29.1.2009 SD/- S. SIRI JAGAN, JUDGE. APPENDIX EXT.P1: COPY OF MINIMUM GUARANTEE AGREEMENT DTD 15.3.1994. EXT.P2: COPY OF CERTIFICATE DTD 17.3.1994 ISSUED BY R2. EXT.P3: COPY OF LETTER DATED 20.2.2001 GIVEN BY THE PETITIONER TO R2. EXT.P4: COPY OF STATEMENT PREPARED BY THE SUB ENGINEER, DATED 15.3.2001. EXT.P5: COPY OF ORDER DATED 5.2.2002 ISSUED BY R3. EXT.P6: COPY OF ORDER DATED 20.12.2001 OF THIS HONOURABLE COUR IN C.M.P.63141/2001 IN O.P.NO.38441/2001. EXT.P7: COPY OF ORDER DATED 20.2.2002 PASSED BY THIS HONOURABLE COURT IN C.M.P.63141/01 IN O.P.38441/01. EXT.P8: COPY OF SANCTION ORDER ISSUED BY R3 TO R2 DTD 11.4.2001. EXT.P9: COPY OF MINIMUM GUARANTEE AGREEMENT DTD 17.4.2001. EXT.P10: COPY OF LETTER DATED 17.4.2001 ISSUED BY R2. EXT.P11: COPY OF VERIFICATION REPORT MADE BY R2 DTD 21.4.2001. EXT.P12: COPY OF CERTIFICATE DTD 3.4.2001 ISSUED BY R2. EXT.P13: COPY OF NOTICE DATED NIL ISSUED BY R2 TO THE PETITIONER. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ O.P.No. 9788 OF 2002 ---------------------------------------- Dated this the 29th day of January, 2009 JUDGMENT The petitioner's electrical installation was inspected by the electricity authorities, who found unauthorised additional connected load for which penalty on fixed charges as well as current charges has been demanded from the petitioner. Ext.P5 is the appellate order in that regard. Although the petitioner challenges the entire penalty proceedings, the learned counsel for the petitioner now submits that the petitioner would be satisfied with the reliefs identical to the reliefs granted in the decision of George Joseph V. K.S.E.B. and others [2008(4) Kerala 377]. In that decision, I held that for unauthorised connected load only penalty for fixed charges can be realised and no penalty can be realised in respect of current charges. Accordingly, following the said decision, I direct that the demand for penalty from the petitioner has to be appropriately revised confining the penalty only in respect of fixed charges. Orders in this regard shall be passed as expeditiously as possible, at any rate, within a O.P.No.9788/02 2 period of two months from the date of receipt of a copy of this judgment. After passing orders, if any amount is found due to be refunded to the petitioner, the same shall be adjusted against his future bills. If any amount is found due from the petitioner, the petitioner shall promptly pay the same. The original petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd O.P.No.9788/02 3