IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 10519 of 2002(B)
1. M/S.SAFA PLYWOODS PRIVATE LTD.,
... Petitioner
Vs
1. THE KERALA STATE ELECTRICITY BOARD,
... Respondent
2. THE EXECUTIVE ENGINEER,
3. THE ASST.EXECUTIVE ENGINEER,
For Petitioner :SRI.C.K.ABDUL RAHIM
For Respondent :SRI.P.SANTHALINGAM, SC, KSEB
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :18/07/2008
O R D E R
KURIAN JOSEPH, J.
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O.P. No. 10519 OF 2002
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Dated this the 18th day of July, 2008.
J U D G M E N T
This original petition is filed mainly with the following
prayers :
i) Issue a writ of certiorari quashing Exhibit P24 & P25.
ii) Issue a writ of certiorari quashing all Electricity Bills
issued to the petitioner consequent to Exhibit P9
inspection, to the extend of imposing penalty under
Regulation 42(d) of the ‘conditions of supply of Electrical
Energy’.
iii) Issue a writ declaring that the respondents are not
entitled to bring any amendment or modification to any
of the Regulations duly notified and published by virtue
of the powers under Section 79(1) of the Electricity
(Supply) Act, through any clarifications or Board’s orders
which are not duly notified or published in the official
Gazette, and consequently declaring that regulation
42(d) of the conditions of supply of electrical energy
does not authorizes imposition of penalty for any
unauthorised connected load for LT consumers.
iv) Issue a writ of mandamus to the respondents 2 & 3
directing to revise all electricity Bills issued to the
petitioner consequent to Exhibit P9 inspection,
re-calculating the exclusion of the concessional rate of
Pre-92 tariff, on the basis of the method prescribed
under Exhibit P28 order of the board.
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.No.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.
OP No. 10519/02 2
2. 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.
This original petition is disposed of as above.
KURIAN JOSEPH, JUDGE.
smp
OP No. 10519/02 3
KURIAN JOSEPH, J.
O.P. No. 10519 OF 2002
J U D G M E N T
18.07.2008