Director vs Kerala State Electricity Board on 29 September, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2052 of 2009()


1. DIRECTOR,
                      ...  Petitioner

                        Vs



1. KERALA STATE ELECTRICITY BOARD,
                       ...       Respondent

2. THE ASSISTANT ENGINEER,

3. THE PRINCIPAL SECRETARY TO GOVERNMENT,

4. THE KERALA STATE ELECTRICITY REGULATORY

                For Petitioner  :SRI.WILSON URMESE

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :29/09/2009

 O R D E R
        P.R.RAMAN & P.R.RAMACHANDRA MENON

                  -------------------------------

                     W.A.No. 2052 OF 2009

                  -------------------------------

             Dated this the 29th September, 2009

                        J U D G M E N T

Raman, J.

This appeal is filed against the common

judgment, dated 6.4.2009, in W.P.(C) No.25610 of 2008. The

matter pertains to classification of educational institutions under

LT VII A commercial tariff. This Court has disposed of the

connected cases, as per common judgment, dated 17.8.2009, in

W.A.No.1064 of 2009 and connected cases, in the following

lines.

“x x x x

22. For the various reasons stated
as above, we declare that inclusion of Self
Financing Educational Institutions under LT
VII(A) as a commercial consumer is bad in
law in so far as such differentiation is not
for any of the grounds specified under
Section 62(3) of the Act. Accordingly, we
allow all the writ appeals and the writ
petitions. They will be treated like falling

WA.No.2052/2009

2

under Tariff VI until any new notification is
issued in accordance with law.”

In the light of the above judgment, extending the

benefit of the judgment in W.A.No.1064 of 2009 and connected

cases to the appellant herein, who is similarly placed, this writ

appeal is disposed of.

P.R.RAMAN, JUDGE

P.R.RAMACHANDRA MENON, JUDGE.

nj.