M.A.Abdul Amanulla vs The Asst.Executive Engineer on 16 October, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 22379 of 1999(Y)



1. M.A.ABDUL AMANULLA
                      ...  Petitioner

                        Vs

1. THE ASST.EXECUTIVE ENGINEER
                       ...       Respondent

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  :SRI.S.RAMESH BABU, SC. KSEB

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :16/10/2006

 O R D E R
                              KURIAN JOSEPH, J.
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                           O.P.NO.22379 OF  1999
                    ----------------------------------------------
                        DATED 16th October,   2006.

                                J U D G M E N T

The writ petition is filed mainly with the following
prayer :-

(i) “Call for the records leading to Ext.P1 and P2 and issue a writ
of certiorari or such other writ order or direction quashing the same.

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. 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

OP NO. 2

KURIAN JOSEPH, J

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O.P.NO. 22379 OF 1999 L

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J U D G M E N T

OP NO. 3

Dated 16th October, 2006.