IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 24845 of 2004(G) -------------------------- PETITIONER: ------------- M/S.GANESH ICE PLANT & COLD STORAGE, DOOR NO.MP II/366 A, KUNJATHUR VILLAGE, MANJESHWAR, KASARGOD DISTRICT, REPRESENTED BY ITS MANAGING PARTNER C.S.KRISHNAPPA AGED 57 YEARS, S/O.CHANDA,RESIDING AT `PRASAD NILAYAM',ALIA,UPPALA, KASARGOD DISTRICT. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.M.SANTHOSHKUMAR RESPONDENTS: ----------------- 1. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVANAM, TRIVANDRUM. 2. THE DEPUTY CHIEF ENGINEER, ANTI-POWER THEFT SQUAD (HQ), VAIDYUTHI BHAVANAM, 4TH FLOOR, PATTAM, TRIVANDRUM. 3. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL MAJOR SECTION, UPPALA, KASARGOD DT. R1 TO R3 BY ADV. SRI.C.K. KARUNAKARAN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 24845/2004 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE BIL DATED 28.05.02 AND CALCULATION SHEET ISSUED BY THE 3RD RESPONDENT. EXT.P2 : TRUE COPY OF THE APPEAL PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 04.06.02. EXT.P3 : TRUE COPY OF THE BILL DATED 15.06.02. EXT.P4 : TRUE COPY OF THE JUDGMENT IN OP O.17201/02 DT.26.6.02. EXT.P5 : TRUE COPY OF THE ORDER VIDE NO.APTS-BV 165/02 DATED 26.06.04 ISSUED BY APTS KOZHIKODE. /TRUE COPY/ PS TO JUDGE ttb KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.24845 of 2004 ----------------------------------------- Dated this the 5th day of September, 2008 JUDGMENT The writ petition is filed mainly with the following prayers:- (i) issue a writ of certiorari or such other writ or direction quashing Ext.P5 order. (ii) issue a writ of mandamus or such other writ or direction directing the 2nd respondent to dispose of Ext.P2 appeal afresh after affording an opportunity of being heard to the petitioner. (iii) issue a writ of mandamus or such other writ directing the respondents not to disconnect petitioners connection. As far as penalty for unauthorised connected load is concerned, it is now settled law in view of the Bench decision of this Court in W.A.No.1231/2003 that the penalty has to be limited to the fixed charge portion. It is held that there shall not be any penalty by way of proportionate energy charges. The impugned demands are quashed making it clear that the liability of the petitioner shall only be for the penalty for fixed charge portion. The revised demand shall be issued to the petitioner and the amounts already remitted by the petitioner shall be adjusted. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.24845 of 2004 ----------------------------------- JUDGMENT 5th September, 2008