IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 13869 of 2005(A) --------------------------------------- PETITIONER: ------------------- K.D. SUKUMARAN, S/O. DAMODARAN, KANJIRAKKATTU HOUSE, THIDANADU P.O., ERATTUPETTA. BY ADV. SRI.V.K.SUNIL. RESPONDENTS: ----------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE ASST.EXECUTIVE ENGINEER, KSEB, ERATTUPETTA. 3. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KSEB, PINNAKKANADU. 4. THE DEPUTY CHIEF ENGINEER, APTS (HQ), KSEB VIGILANCE WING, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 5. T.P. GEORGE, PULIKKUNNEL HOUSE, THIDANADU P.O., KOTTAYAM DISTRICT. 6. GIMMI GEORGE, S/O. T.P. GEORGE, DO. DO. DO. BY ADV, SRI.C.K.KARUNAKARAN, SC FOR KSEB, ADV. SRI.P.C.HARIDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.13869 of 2005 ----------------------------------------- Dated this the 24th day of September, 2008 JUDGMENT The writ petition is filed mainly with the following prayers:- i, To call for the records leading to Ext.P1 to P4 and P9 and quash the same by issuing a writ of certiorari or any other writ, direction or order of this Honourable Court. ii. To direct the respondents to re-change the tariff of the petitioner from LT VII (A) to LT VII (D) and refund the excess amount collected from the petitioner under tariff LT VII (A). iii. To direct the respondents to give new connection to the petitioner as per Ext.P6 judgment. iv.To direct the respondents to refund the petitioner an amount of Rs.4660/- remitted by him as per the directions of the 4th respondent with interest. 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 as far as unauthorised connected load is concerned. The revised demand shall be issued to the petitioner and the amounts already remitted by the petitioner shall be adjusted. As far as the change in tariff and new connection are concerned, petitioner may approach the second respondent. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.13869 of 2005 ----------------------------------- JUDGMENT 24th September, 2008