IN THE HIGH COURT OF KERALA AT ERNAKULAM WA.No. 2373 of 2008() 1. KERALA STATE ELECTRICITY BOARD, ... Petitioner Vs 1. M.S.MOOSA, S/O.SULAIMAN, ... Respondent For Petitioner :SRI.C.K.KARUNAKARAN, SC FOR KSEB For Respondent :SRI.M.A.ABDUL HAKHIM The Hon'ble MR. Justice K.M.JOSEPH The Hon'ble MRS. Justice M.C.HARI RANI Dated :05/10/2010 O R D E R K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.A.No.2373 of 2008 ---------------------------------------------- Dated, this the 5th day of October, 2010 J U D G M E N T
K.M.Joseph, J.
Appellant is the Kerala State Electricity Board. The
writ petition was filed seeking to set aside Ext.P2 electricity bill
and Ext.P10 order. The complaint of the Board was that the
petitioner had taken unauthorised extension for another
purpose and he was sought to mulcted with penalty. The
learned Single Judge took the view that since the energy
consumed through the extension has already been measured
in the meter at the main premises and charges have been
levied also the only course open to the Board under Regulation
42 (d) is to levy the penalty in respect of the fixed charges or
to disconnect the supply. The learned counsel for the
appellant brought to our notice the judgment of the Division
Bench of this Court in W.A.No.1553 of 2009. Therein this
Court has accepted the case of the Board that the purport of
the judgment in W.A.No.1231/2003 was that the amendment
brought to the Conditions of Supply of Electrical Energy on
W.A.No.2373 of 2008 -2-
18.9.2002 did not have retrospective effect and has remitted
back for the case for consideration of question of penalty in
the facts of each case. But, the learned counsel for the
respondent would alert us to the pertinent fact in this case
namely that the amendment was on 18.9.2002 while the
inspection was in December, 2002, that is to say, the
respondent will be entitled to be treated on the basis of the
amended provision.
Having heard the learned counsel for the parties,
we see no merit in the appeal. It is accordingly dismissed.
(K.M.JOSEPH)
JUDGE.
(M.C.HARI RANI)
JUDGE.
MS