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M.S. MOOSA S/O. SULAIMAN, AGED 60 versus KERALA STATE ELECTRICITY BOARD

High Court of Kerala

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M.S. MOOSA S/O. SULAIMAN, AGED 60 v. KERALA STATE ELECTRICITY BOARD - WP(C) No. 17958 of 2003(K) [2007] RD-KL 10881 (21 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 17958 of 2003(K)

1. M.S. MOOSA S/O. SULAIMAN, AGED 60
... Petitioner

Vs

1. KERALA STATE ELECTRICITY BOARD,
... Respondent

2. ASSISTANT EXECUTIVE ENGINEER,

3. DEPUTY CHIEF ENGINEER,

For Petitioner :SRI.BABU KARUKAPADATH

For Respondent :SRI.C.K. KARUNAKARAN SC FOR KSEB

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :21/06/2007

O R D E R

KURIAN JOSEPH , J


==================================
W.P.(C) NO. 17958 OF 2003
==================================

Dated this the 21st day of June, 2007



JUDGMENT

The petitioner is aggrieved by the penalty proceedings initiated against him on the ground of alleged unauthorised extension. The penalty is imposed adopting LT VIII tariffs for the purpose of penalty. In the judgment in O.P. No. 3054/2001, this Court has already held that in situation of unauthorised extension, the penalty that is to be levied is not under LT VIII tariff. Since the energy consumed through the extension has already been measured in the meter at the main premises and charges have been levied also, the only course open to the Board under Regulation 42(d) is to levy the penalty in respect of the fixed charges or disconnect the supply. Without prejudice to such liberty, the impugned orders are quashed. The writ petition is disposed of accordingly.

KURIAN JOSEPH, JUDGE.

rv


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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