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C.Unnikrishnan vs K.S.E.B on 22 November, 2007

Kerala High Court
C.Unnikrishnan vs K.S.E.B on 22 November, 2007
       

  

  

 
 
  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.
           ----------------------------------------------
                       O.P.NO. 3052 OF 2001
           ----------------------------------------------
                  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

———————————————-

O.P.NO.3052 OF 2001

———————————————-

J U D G M E N T

DATED 22nd November, 2007.

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