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SRI. RAMAKRISHNA DYEING WORKS versus THE ASSISTANT EXECUTIVE ENGINEER

High Court of Kerala

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SRI. RAMAKRISHNA DYEING WORKS v. THE ASSISTANT EXECUTIVE ENGINEER - WP(C) No. 13599 of 2004(R) [2007] RD-KL 14504 (30 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 13599 of 2004(R)

1. SRI. RAMAKRISHNA DYEING WORKS,
... Petitioner

Vs

1. THE ASSISTANT EXECUTIVE ENGINEER,
... Respondent

2. THE SUB ENGINEER, ELECTRICITY SUB

3. THE DEPUTY CHEIF ENGINEER,

4. THE KERALA STATE ELECTRICITY BOARD,

For Petitioner :SRI.SUNNY MATHEW

For Respondent :SRI.K.S.ANIL, SC, KSEB

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :30/07/2007

O R D E R

KURIAN JOSEPH, J.

W.P. (C). NO. 13599 OF 2004

Dated this the 30th day of July, 2007.



J U D G M E N T

The writ petition is filed mainly with the following prayers :-

i) To issue a writ of certiorari or any other appropriate writ, order or direction quashing Exts. P1 and P3. ii) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent not to disconnect the service connection No. 827 of the Agaly Electrical Section for the non- compliance of Exts. P1 and P3.

2. As far as penalty for unauthorised connected load is concerned, it is now settled law in view of the Bench decision of this Court in W.A.1231/03 that the penalty has to be limited to the fixed charge portion. It is held that there shall not be any penalty by way of proportionate energy charges. The impugned demands are quashed making it clear that the liability of the petitioner shall only be for the penalty for fixed charge portion. The revised demand shall be issued to the petitioner and the amounts already remitted by the petitioner shall be adjusted. The writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

smp


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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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