The Court set aside demand notices for energy charges on unauthorized load, ruling that penalties under supply conditions apply only to fixed charges. The matter was remitted to the Assessing Authority for fresh disposal with a hearing opportunity.
Impugned demand notices set aside; matter remitted to Assessing Authority for fresh disposal with hearing opportunity.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE B.P.RAY
THURSDAY, THE 8TH DAY OF MARCH 2012/18TH PHALGUNA 1933
WP(C).No. 8489 of 2005 (I)
PETITIONER:
CELINE GEORGE, HOTEL HIGHWAY PALACE, CHIRAKKADAVAM, KAYAMKULAM.
BY ADV. SRI.MILLU DANDAPANI
RESPONDENTS:
BY SRI.KODOTH SREEDHARAN, SC, KSEB
SRI.P.SANTHALINGAM (SR.) SRI.S.SHARAN,SC,K.S.E.B
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 8489 of 2005 (I)
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APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
rv
B.P.RAY, J.
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Dated this the 8th day of March, 2012.
J U D G M E N T
Heard the learned counsel for the petitioner and learned Standing Counsel for KSEB.
a) Call for the records leading to Exts.P3, P4 and P5 and issue a writ of certiorari or any other appropriate writ, order or direction quashing the same.
(b) stay the operation of all recovery proceedings pursuant to Exts.P3, P4 and P5 including the disconnection of power supply to the petitioner's premises with consumer No. 681 pending disposal of the writ petition.
Board is entitled to recover penal charges for energy consumption for unauthorized load. This Court has taken the consistent view that under the conditions of supply penalty for unauthorized load can be levied only on fixed charges and not on energy charges. Therefore, I have no hesitation to set aside the impugned demands and I remit the matter to the Assessing Authority for disposal, in accordance with law, after giving an opportunity of being heard to the petitioner. All other issues
W.P.(C) No. 8489/2005
: 2 :
are left open. It is open to the petitioner to raise all relevant points before the Assessing Authority. I have not expressed any opinion on the merits of the case.
The writ petition is disposed as above.
sd/- B.P.RAY, JUDGE
rv
1 issue framed by the court
Whether the Board is entitled to recover penal charges for energy consumption for unauthorized load and whether penalty can be levied on fixed charges only under the conditions of supply?
Celine George
Kerala State Electricity Board
B.P.Ray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
