IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6504 of 2005(Y)
1. M/S. POTTAKATTU RUBBERS PVT LTD,
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. THE DEPUTY CHIEF ENGINEER (APTS),
3. THE SPECIAL OFFICER (REVENUE)
4. THE ASSISTANT ENGINEER, (APTS)
5. THE ASSISTANT ENGINEER (APTS)
For Petitioner :SRI.P.K.IBRAHIM
For Respondent :SRI.T.R.RAMACHANDRAN NAIR, SC, KSEB
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :11/07/2008
O R D E R
KURIAN JOSEPH, J.
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W.P(C) No.6504 of 2005
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Dated this the 11th day of July, 2008
JUDGMENT
The challenge is on Ext.P4 appellate order and Ext.P5
invoice. It is not in dispute that the alleged unauthorised use of
electricity is availed after the introduction of the new Act.
Therefore, the penalty can be only at 1= times and not three
times. There is also a dispute regarding the period. Be that as it
may, in any case the matter requires fresh consideration.
Therefore, Exts.P4 and P5 are quashed. There will be a direction
to the appellate authority to pass fresh orders in the matter with
notice to the petitioner and adverting to the contentions taken by
the petitioner within a period of four months from the date of
production of a copy of this judgment.
The writ petition is disposed of as above.
(KURIAN JOSEPH, JUDGE)
ahg.
KURIAN JOSEPH, J.
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W.P(C).No.6504 of 2005
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JUDGMENT
11th July, 2008