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M.C.Narayanan Nair vs The Principal Secretary on 17 February, 2009

Kerala High Court
M.C.Narayanan Nair vs The Principal Secretary on 17 February, 2009
       

  

  

 
 
  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

George Joseph v. Kerala State Electricity Board & Others, ILR

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.

Tds/

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