IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20776 of 2009(N)
1. THE PRINCIPAL,
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. THE ASSISTANT ENGINEER,
3. THE KERALA STATE ELECTRICITY REGULATORY
For Petitioner :SRI.WILSON URMESE
For Respondent :SRI.P.P.THAJUDEEN, SC, K.S.E.B
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :25/09/2009
O R D E R
S.SIRI JAGAN, J.
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W.P(C).No.20776 of 2009
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Dated this the 25th day of September, 2009
J U D G M E N T
The issue raised in this writ petition is covered by the decision of
a Division Bench of this Court in Bro.Joseph Antony v. Kerala State
Electricity Board [2009 (3) KLT 1022], the operative portion of which
reads thus:
“21. 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.
All the Self Financing Educational Institutions were being paid
at Tariff LT VI during the pendency of the writ petition. In the
appeal, we made a slight modification in the interim order and
directed them to pay off at the current rate. Sine we have allowed
the appeal, the amount paid by the appellants will be adjusted as
against the future dues and instead of adjusting the entire amount
in one month we think it will be appropriate to direct that such
excess amount be adjusted in four months’ period so that one fourth
of the excess amount be adjusted in every month until the same is
wiped off.”
In view of the above, this writ petition is also disposed of
directing that the petitioner herein will also be entitled to the benefit of
the directions in the said judgment, the operative portion of which is
extracted above.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
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