High Court Kerala High Court

Hindustan Engineering … vs K.S.E.B on 13 July, 2009

Kerala High Court
Hindustan Engineering … vs K.S.E.B on 13 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP.No. 37267 of 2001(J)



1. HINDUSTAN ENGINEERING CO.(SALES)
                      ...  Petitioner

                        Vs

1. K.S.E.B.
                       ...       Respondent

                For Petitioner  :SRI.P.GOPINATH

                For Respondent  :SRI.N.D.PREMACHANDRAN, SC, KSEB

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :13/07/2009

 O R D E R
                   ANTONY DOMINIC,J.
                 ---------------------
                  O.P.No.37267 OF 2001
             ------------------------
            Dated this the 13th day of July, 2009.

                         JUDGMENT

Challenge in this Original Petition is against Ext.P4.

2. Petitioner is a LT consumer with consumer

No.8692. On 28.6.2001, the Special Squad of the Board

inspected the premises of the petitioner. It was found that,

as against the permissible connected load of 15 KW, an

additional connected load of 37 KW was found in his

premises. Subsequently, they were issued Ext.P1 bill for

Rs.54,771/- and Ext.P1(a) provides details of the

quantification which shows that fixed charges at 3 times

and energy charges at two times were demanded in Ext.P4.

O.P.No.21796/01 was filed challenging Exts.P1 and P1(a).

The Original Petition was disposed of by Ext.P2 judgment

directing the Executive Engineer to consider the objections.

3. In the meanwhile, petitioner submitted Ext.P3

O.P.No.37267/03 2

letter for regularizing the unauthorized additional load and

Ext.P3(a) shows that the petitioner also made additional cash

deposit. In pursuance to Ext.P2 judgment Executive Engineer

considered the issue and passed Ext.P4 confirming Exts.P1

and P1(a). It is these proceedings, which are under challenge

in this original petition.

4. The main contention raised in the original petition is

that, if at all, only the fixed charges can be levied and energy

charges having been paid, along with regular bills, the energy

charges could not have been demanded as done in Ext.P1.

However, learned counsel for the Board relies on clause 42(d)

of Conditions of Supply of Electrical Energy and submitted that

the penalty as contemplated therein can be levied and it is

pointed out that, this proviso does not make a distinction as

sought to be made by the petitioner. Counsel also place

reliance on the Division Bench judgment in W.A. No1231/03,

where it is pointed out that the Division Bench is informed that

for the period prior to 18.7.2001, when clause 42(d) was

O.P.No.37267/03 3

amended, it was permissible for the Board to levy the energy

charges also in terms of clause 42(d) as it stood then. Learned

counsel also made reference to the Apex Court judgment in

Municipal Corporation, Delhi v. Asian Art Printers (P) Ltd. (AIR

1995 SC 196), which interpreted the tariff order issued by the

appellant therein and contended that clause 42(d) does not

make any difference between the energy charges and fixed

charges. Having regard to the above facts, there is nothing

vitiating in Ext.P1 and P4.

Original Petition fails and is dismissed.

(ANTONY DOMINIC)
JUDGE
vi/

O.P.No.37267/03 4

ANTONY DOMINIC,J.

———————

O.P.No.37267 OF 2001

————————

Dated this the 13th day of July, 2009.

JUDGMENT