High Court Kerala High Court

M.E.S.English Medium Senior … vs The Kerala State Electricity … on 5 November, 2009

Kerala High Court
M.E.S.English Medium Senior … vs The Kerala State Electricity … on 5 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1953 of 2009()


1. M.E.S.ENGLISH MEDIUM SENIOR SECONDARY
                      ...  Petitioner

                        Vs



1. THE KERALA STATE ELECTRICITY BOARD,
                       ...       Respondent

2. THE ASSISTANT ENGINEER,

3. THE PRINCIPAL SECRETARY TO GOVERNMENT,

4. THE KERALA STATE ELECTRICITY REGULATORY

                For Petitioner  :SRI.TPM.IBRAHIM KHAN

                For Respondent  : No Appearance

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

 Dated :05/11/2009

 O R D E R
       P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ.
             ...............................................................................
                           W.A.No. 1953 OF 2009
              .........................................................................
                    Dated this the 5th November, 2009



                                   J U D G M E N T

P.R. Raman, J:

This appeal is filed against the judgment dated

06.04.2009, in W.P.(C) No. 7602 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

W.A.No. 1953 OF 2009

2

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”.

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.

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