IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 30664 of 2003(A) -------------------------- PETITIONER(S): --------------- M/S. HOTEL PRINCESS, THOPPUMPADY, REPRESENTED BY ITS MANAGING PARTNER, N.J.PHILOMINA. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, MATTANCHERI. 3. ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL MAJOR SECTION, THOPPUMPADY. ADV. SRI. C.K. KARUNAKARAN, SC, KSEB FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE INVOICE DATED 16.8.2001 FOR AN AMOUNT OF RS. 66,680/- ISSUED TO THE PETITIONER. EXT.P2 TRUE COPY OF THE BOARD ORDER DATED 2.2.99 EXT.P3 TRUE COPY OF ONE SUCH ORDER DATED 24.8.93 EXT.P4 TRUE COPY OF THE APPEAL DATED 27.8.2001 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P5 TRUE COPY OF THE HEARING NOTICE DATED 28.2.2003 ISSUED BY THE 2ND RESPONDENT. EXT.P6 TRUE COPY OF THE ORDER DATED 20.9.2003 PASSED BY THE 2ND RESPONDENT. EXT.P7 TRUE COPY OF THE BOARD ORDER DATED 18.9.2002 EXT.P8 TRUE COPY OF THE BOARD ORDER DATED 15.1.2003 FIXING THE LIABILITY ONLY ON FIXED CHARGES AND NOT ON ENERGY CHARGES. RESPONDENTS' EXHIBITS: EXT.R3(a) TRUE COPY OF THE ORDER DATED 28.8.2001 TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 30664 OF 2003 -------------------------------------------- Dated this the 28th day of May, 2009 JUDGMENT W.P.C. is filed against the demand of penal charges for additional unauthorised load. Conditions of supply provided recovery of three times the fixed charges and proportionate electricity charges for the unauthorised load until 18.9.2002. However, for later periods penal charges recoverable was only on fixed charges. In other words, proportionate penal charges could be recovered for electricity charges payable for unauthorised load until 18.9.2002. However, this Court in W.A. Nos. 1231 of 2003 and 401 of 2009 held that penal charges is a matter of discretion of the authority concerned, and it has to be considered based on facts of each case. In other words, leniency should be shown to those who were not involved in any theft or other malpractices. In the circumstances, this WPC is disposed of directing the executive engineer to reconsider the matter with reference to facts and modify the penal charges demanded from the petitioner based on the principle laid down in the first judgment above referred. (C.N. RAMACHANDRAN NAIR) Judge kk 2