IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2289 of 2009()
1. SOBHA I.T.C., REPRESENTED BY THE
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. STATE ELECTRICITY REGULATORY COMMISSION
3. KERALA STATE ELECTRICITY BOARD,
4. THE ASSISTANT ENGINEER,
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 :20/10/2009
O R D E R
P.R. RAMAN &
P.R. RAMACHANDRA MENON, JJ.
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W.A.No. 2289 OF 2009
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Dated this the 20thday of October, 2009
J U D G M E N T
P.R. Raman J:
This appeal is filed against the common judgment dated 06.04.2009,
in W.P.(C) No. 27143 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
17.08.2009, in W.A.No. 1064 of 2009 and connected cases, in the following
lines:
“xx xx xx xx xx xx xx
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 under
Tariff VI until any new notification is issued in
accordance with law”.
W.A. No. 2289 of 2009
– 2 –
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.
dnc