M.Salim vs Asst.Exe.Engineer on 16 November, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 31952 of 1999(D)



1. M.SALIM
                      ...  Petitioner

                        Vs

1. ASST.EXE.ENGINEER
                       ...       Respondent

                For Petitioner  :SRI.S.A.RAZZACK

                For Respondent  :SRI.P.SANTHALINGAM, SC, KSEB

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :16/11/2007

 O R D E R
                           KURIAN JOSEPH, J.
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                     O.P. NO. 31952 OF 1999
                ---------------------------------------
         Dated this the 16th day of November, 2007.


                             J U D G M E N T

The original petition is filed with the following prayers :-

i) Issue a writ of certiorari or other appropriate writ,

direction or order calling for the records leading to Exhibits P1

and P4 demand notes and quashing the same.

ii) Issue a writ of mandamus or other appropriate writ,

direction or order directing the respondents to make the

reference applied for in Exhibit P3 and to abstain from

enforcing Exhibits P1 and P4 demands without such arbitration.

iii) Declare that the respondents have no authority of law to

impose or demand the alleged liability in Exhibit P1 without

providing the petitioner the details of such claim and an

opportunity to explain.

iv) Issue a writ of mandamus or other appropriate writ,

direction or order directing the 1st respondent to re-connect the

power supply which was disconnected for non-payment of

Exhibit P1 demand at the licensee’s cost.

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

O.P. NO. 31952/99 2

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.

This original petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

smp

O.P. NO. 31952/99 3

KURIAN JOSEPH, J.

O.P. NO. 31952 OF 1999

J U D G M E N T

16.11.2007