IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 3052 of 2001(L)
1. C.UNNIKRISHNAN
... Petitioner
Vs
1. K.S.E.B
... Respondent
For Petitioner :SRI.P.M.KUNJIMOIDEENKUTTY
For Respondent :SRI.T.G.RAJENDRAN SC FOR K.S.E.B.
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :22/11/2007
O R D E R
KURIAN JOSEPH, J.
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O.P.NO. 3052 OF 2001
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Dated 22nd November, 2007.
J U D G M E N T
The writ petition is filed mainly with the following
prayers :-
“(i) Issue a writ of mandamus, order or direction calling for the
records leading to Ext.P6 order.
(ii) Issue a writ of certiorari or other appropriate writ order or
direction quashing Ext.P6 order.”
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.1231/03 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
penalty for temporary extension is concerned, in view of the
judgment of this court in J.D.T.Islam Orphanage Committee
v. Assistant Engineer, K.S.E.B. (2007(3) KLT 388), the
demand requires fresh consideration. There will be a direction to
the competent authority to issue fresh demands in the light of the
OP NO.3052/01 2
observations contained in the said judgments, within three
months from the date of production of a copy of the judgment.
The interim order passed by this court in C.M.P.No.5052/01 will
continue till such time. 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.
tgs
KURIAN JOSEPH, J
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O.P.NO.3052 OF 2001
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J U D G M E N T
DATED 22nd November, 2007.
