KERALA STATE ELECTRICITY BOARD Vs. J SARADAMMA

JUDGEMENT

(1.) <DJG>K.M.Joseph, J.</DJG> It is submitted by the learned counsel for the appellants that the appellants have filed appeal against the judgment of the learned Single Judge wherein the learned Single Judge observed that there shall be no penalty for proportionate energy charges and the penalty shall be limited only to the fixed charges.

(2.) The learned counsel for the appellants would submit that the matter is covered by the Division Bench decision of this Court in W.A.Nos.1579 of 2008 and connected cases. We follow the same and dispose of the appeal as follows:

(3.) It is made clear that the petitioner in the writ petition will be at liberty to raise all contentions with respect to correctness of the imposition of penalty including the challenge against the quantum before the Secretary. Decision as directed above shall be taken at the earliest possible, at any rate within a period of three months from the date of receipt of a copy of this judgment.