The court disposed of a writ petition challenging a penalty for unauthorised load. Relied on George Joseph to direct re-computation of penalty based on fixed charges alone, excluding current charges.
Direction to respondents to re-compute penalty for fixed charges alone, excluding current charges.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930
OP.No. 3047 of 1999(K)
PETITIONER(S):
BY ADV. SRI.P.PARAMESWARAN NAIR SMT.SREELATHA PARAMESWARAN NAIR
RESPONDENT(S):
ADV. SRI.P.SANTHALINGAM, SC, KSEB SRI. C.K. KARUNAKARAN, S.C.
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/02/2009, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING:
PETITIONERS' EXHIBITS: O.P.NO. 3047/1999.
EXT.P1 TRUE COPY OF APPLICATION FORM. EXT.P2 NOTICE DT. 5-5-1998.
EXT.P3 DEMAND NOTICE DT. 4-5-1998. EXT.P4 LETTER SENT BY CHIEF ENGINEER.
EXT.P5 LETTER DT. 16-1-1999.
RESPONDENTS' EXHIBITS:
EXT.R4(a) COPY OF SITE MAHAZAR.
[TRUE COPY]
P.S TO JUDGE.
S. Siri Jagan, J.
O.P. No. 3047 of 1999
Dated this, the 17th February, 2009.
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.
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/
1 issue framed by the court
Whether penalty for unauthorised connected load should be levied on current charges or fixed charges alone.
Colour shows how this judgement treated each authority
George Joseph v. Kerala State Electricity Board & OthersRelied on¶32
George Joseph v. Kerala State Electricity Board & Others, ILR 2008(4) Ker. 377 · Who else cites this
M.C. Narayanan Nair
M.C Kunji Kelu Nair
The Principal Secretary, Power Department
S. Siri Jagan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
