IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 WA.No. 74 of 2010() ------------------- AGAINST THE JUDGEMENT IN OP.4929/2002 Dated 09/06/2006 .................... APPELLANTS/RESPONDENTS: ------------------------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECREARY, VYDHUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, CENTRAL, ERNAKULAM. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT/PETITIONER: ----------------------------- M/S PRINCY WORLD TRAVELS (P) LTD., GCDA COMPLEX, MARINE DRIVE,ERNAKULAM. BY ADV.SHRI S.RAMESH BABU THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07/09/2010, ALONG WITH WRIT APPEAL NO.17/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & T.R.RAMACHANDRAN NAIR,JJ. --------------------------------------------------------------- Writ Appeal Nos.17 and 74 Of 2010 ----------------------------------------------------- DATED THIS THE 7th DAY OF SEPTEMBER, 2010 JUDGMENT K.M.JOSEPH, J. Since common issues are raised in both these Writ Appeals, they are disposed of by a common judgment. 2. Heard the learned counsel appearing for the appellants and the learned counsel appearing for the respondents. 3. The learned counsel appearing for the appellants would bring to our notice a judgment of the Division Bench of this Court in Writ Appeal No.1553/09 and connected cases, which he would submit, is the latest of the judgments of the Division Bench of this Court in similar matters. 4. We put the judgment to the learned counsel for the respondents also. We see no reason to take a different view. 5. Accordingly, the Writ Appeals are disposed of to the extent of modifying the directions contained in the impugned judgments. The Secretary of the Kerala State Electricity Board is directed to reconsider the impugned bills imposing penalty issued in both these cases and shall take a decision in each case with W.A.Nos.17 & 74/10 -2- respect to the quantum of penalty to be imposed, taking note of the observations made in Writ Appeal No.1553/09. Such decision shall be taken after affording an opportunity of hearing to the consumers concerned. It is made clear that the petitioners in the Writ Petitions will be at liberty to raise all contentions with respect to correctness of the imposition of penalty including the challenge against the quantum, before the Secretary. Decision as directed above shall be taken at the earliest possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. K.M.JOSEPH, JUDGE. T.R.RAMACHANDRAN NAIR, JUDGE. dsn