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P.I.SAFIYA BEEVI versus KERALA STATE ELECTRICITY BOARD, REP.BY

High Court of Kerala

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P.I.SAFIYA BEEVI v. KERALA STATE ELECTRICITY BOARD, REP.BY - OP No. 14000 of 2003(N) [2006] RD-KL 3225 (12 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 14000 of 2003(N)

1. P.I.SAFIYA BEEVI
... Petitioner

Vs

1. KERALA STATE ELECTRICITY BOARD, REP.BY
... Respondent

2. THE EXECUTIVE ENGINEER,

3. THE ASST.EXECUTIVE ENGINEER,

For Petitioner :SRI.M.RAMESH CHANDER

For Respondent :SRI.C.C.THOMAS, SC, K.S.E.B

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :12/12/2006

O R D E R

KURIAN JOSEPH, J.

O.P.No.14000 of 2003

Dated this the 12th day of December, 2006



JUDGMENT

Petitioner approached this court with certain grievances regarding the electricity bills. It is seen that the matter has been considered by the appellate authority leading to Ext.P8. On one aspect Ext.P8 requires reconsideration since it is now settled law that for the unauthorised load the penalty has to be limited to the fixed charges and not to proportionate energy charges. In other words for the unauthorised additional load the penalty can only be the fixed charges in view of the judgment in W.A.No.1231/2003. I quash Exts.P8 and P9 with a direction to the 3rd respondent to issue a revised bill limiting the penalty regarding unauthorised load only to fixed charges. In all other respects the orders will stand. The needful shall be done within a period of three months from the date of production of a copy of the judgment. The writ petition is disposed of as above.

(KURIAN JOSEPH, JUDGE)

ahg.

KURIAN JOSEPH, J.

O.P.NO.14000/2003

JUDGMENT

12th December, 2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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