Div Bench dismissed belated writ appeal challenging Single Judge's order cancelling electricity demand for unauthorized load. Court held penal charges should be limited to fixed charges and affirmed Single Judge’s consistent view.
Condonation of delay petition and writ appeal dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR &
THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
FRIDAY, THE 23RD DAY OF MARCH 2012/3RD CHAITHRA 1934
WA.No. 66 of 2010 ( )
-------------------------------------AGAINST THE JUDGMENT IN OP.3047/1999 DATED 17-02-2009
APPELLANT(S)/RESPONDENTS 2 TO 4:
1. DEPUTY CHIEF ENGINEER,KERALA STATE
2. EXECUTIVE ENGINEER,ELECTRICAL DIVISION
3. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION,PERAMBRA.
BY SRI.P.SANTHALINGAM, SENIOR ADVOCATE BY ADV. SRI. S.SHARAN
RESPONDENT(S)/PETITIONER AND IST RESPONDENT:
1. M.C.NARAYANAN NAIR,KRISHNA NIVAS,
2. M.C.KUNJIKELU NAMBIAR,PROPRIETOR,
3. PRINCIPAL SECRETARY,POWER DEPT., GOVT.OF KERALA,GOVT.SECRETARIAT, THIRUVANANTHAPURAM.
R2 BY ADV. SRI.K.B.ARUNKUMAR
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
C.N.RAMACHANDRAN NAIR, & BABU MATHEW P. JOSEPH, JJ.
.................................................................... Writ Appeal No.66 of 2010 & C.M. Appn. No.28 of 2010
.................................................................... Dated this the 23rd day of March, 2012.
JUDGMENT
Ramachandran Nair, J.
Belated Writ Appeal is filed against judgment of the learned Single Judge cancelling demand of electricity charges at penal rate for unauthorised additional load. This court has taken consistent view that for additional unauthorised load penal charges should be limited to fixed charges and not on power charges. Since the judgment of the learned Single Judge is consistent with the view taken by the Division Bench in large number of judgments, we do not find any merit in the Writ Appeal. Consequently delay condonation petition and Writ Appeal are dismissed.
C.N.RAMACHANDRAN NAIR Judge
BABU MATHEW P. JOSEPH Judge
pms
1 issue framed by the court
Whether belated writ appeal against order cancelling demand of electricity charges at penal rate is maintainable.
Deputy Chief Engineer, Kerala State Electricity Board, Electrical Circle, Kozhikode and others
M.C. Narayananan Nair and others
C.N.Ramachandran Nair
Babu Mathew P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
