IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 17664 of 2005(C) -------------------------- PETITIONER: ------------ M.V. THOMAS, MANAGING PARTNER, ALPHA RUBBERS, VILANGU, KIZHAKKAMBALAM. BY ADV. SRI.K.P.DANDAPANI (SR.) RESPONDENTS: ------------- 1. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD KIZHAKKAMBALAM. 2. THE DEPUTY CHIEF ENGINEER, ANTI POWER THEFT SQUAD (APTS), KERALA STATE ELECTRICITY BOARD, ERNAKULAM. * ADDL. 3. THE KERALA STATE ELECTRICITY BOARD REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. (IMPLEADED AS ADDL.R3 AS PER JUDGMENT DT.29.5.2008) BY ADV. SRI.P.P.THAJUDEEN, SC, KSEB FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1 BILL DT 15.6.2001 ISSUED BY R1. P2 BILL DT 15.8.2001 ISSUED BY R1. P3 ORDER DT 4.6.2005 OF R2. P4 APPLICATION DT 18.6.2001. P5 JUDGMENT DT 6.2.2004 IN OP.6350/98. /TRUE COPY/ P.A.TO JUDGE K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 17664 OF 2005 C ```````````````````````````````````````````````````` Dated this the 29th day of May, 2008 J U D G M E N T Petitioner's case in brief is as follows. The petitioner was granted 68 KW connected load. On an inspection conducted by the APTS on 11.6.2001, the petitioner was found having 84 KW. Exts.P1 and P2 invoices were issued. According to the petitioner, even if the petitioner uses 84 KW or 68 KW, the same is recorded in the meter and the excess amount is paid and, therefore, there is no justification in penalizing the petitioner on the ground of unauthorised connected load. The petitioner relies on the judgment in WA.1231/2003. He has also relied on a Board order dated 4.11.2006 containing that penalty may be reduced to two times instead of three times. I heard the learned standing counsel for the Board. He does not dispute this order. The Board is not a party. The Kerala State Electricity Board is impleaded suo motu as the additional 3rd WPC.17664/05 : 2 : respondent. Learned standing counsel takes notice for the additional 3rd respondent. There will be a direction to the Board to consider the question whether the rate of penalty can be imposed two times instead of three times. A decision in this regard will be taken by the additional 3rd respondent in accordance with law within a period of two months from the date of receipt of a copy of this judgment. An opportunity for hearing shall be given to the petitioner. Till such time, the interim order will continue. The writ petition is disposed of as above. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE