High Court Kerala High Court

Benny James vs Kerala State Electricity Board on 24 September, 2008

Kerala High Court
Benny James vs Kerala State Electricity Board on 24 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24157 of 2005(A)


1. BENNY JAMES,S/O.JAMES,
                      ...  Petitioner

                        Vs



1. KERALA STATE ELECTRICITY BOARD,
                       ...       Respondent

2. ASSISTANT EXECUTIVE ENGINEER,

3. THE EXECUTIVE ENGINEER,

4. SENIOR SUPERINTENDENT,

5. DEPUTY TAHSILDAR (RR),

                For Petitioner  :SRI.SHAJI P.CHALY

                For Respondent  :SRI.JOSE J.MATHEIKEL, SC, KSEB

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :24/09/2008

 O R D E R
                       KURIAN JOSEPH, J.
              -----------------------------------------
                  W.P(C) No. 24157 of 2005
              -----------------------------------------
         Dated this the 24th day of September, 2008

                            JUDGMENT

The prayer is for a direction to the respondents to refund

the excess amounts collected from the petitioner. According to

the petitioner in view of the decision of this court in K.S.E.B. v.

Najeeb, 2005 (1) KLT 406 the maximum penalty that can be

collected from the petitioner is only 150%. Petitioner may file an

appropriate representation before the first respondent along with

a copy of the judgment referred to above within a period of two

months from today, in which case appropriate action in the light

of the judgment referred to above shall be taken by the first

respondent within another two months. In the process the

grievance regarding the collection charges also will be considered

by the first respondent.

The writ petition is disposed of as above.

(KURIAN JOSEPH, JUDGE)

ahg.

KURIAN JOSEPH, J.

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W.P(C).No.24157 of 2005

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JUDGMENT

24th September, 2008