IN THE HIGH COURT OF KERALA AT ERNAKULAM OP.No. 3047 of 1999(K) 1. M.C.NARAYANAN NAIR ... Petitioner Vs 1. THE PRINCIPAL SECRETARY ... Respondent For Petitioner :SRI.P.PARAMESWARAN NAIR For Respondent :SRI.P.SANTHALINGAM, SC, KSEB The Hon'ble MR. Justice S.SIRI JAGAN Dated :17/02/2009 O R D E R S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 3047 of 1999 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 17th February, 2009. J U D G M E N T
Pursuant to an inspection by Anti-power Theft Squad,
unauthorised connected load was detected in the petitioners’
electrical installation for which penalty to the tune of Rs.52,272/- has
been levied on the petitioners. The petitioners are challenging the
same in this original petition.
2. The petitioners now submit that the petitioners would be
satisfied if the petitioners are given the benefit of the decision in
2008(4) Ker. 377. In that decision, I held that for unauthorised
additional load, a consumer is liable to pay penalty on the fixed
charges alone and not on the current charges.
Accordingly, the original petition is disposed of with a direction
to the respondents to re-compute the penalty for fixed charges alone
excluding penalty for current charges. Orders in this regard shall be
passed as expeditiously as possible, at any rate, within one month
from the date of receipt of a copy of this judgment. On such
consideration, if any amount is due to be refunded to the petitioners,
the same shall be adjusted against the future bills of the petitioners.
Sd/- S. Siri Jagan, Judge.