IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2023 of 2009()
1. BRO.JOSEPH M.JOSEPH,
... Petitioner
2. FR.JOSEPH OONUPALATHINKAL,
Vs
1. KERALA STATE ELECTIRICITY BOARD,
... Respondent
2. THE ASSISTANT ENGINEER,
3. THE ASSISTANT ENGINEER,
4. THE PRINCIPAL SECRETARY TO GOVERNMENT,
5. 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
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W.A.No. 2023 OF 2009
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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.6016 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 fallingWA No.2023 of 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 appellants herein, who are similarly placed, this
writ appeal is disposed of.
P.R.RAMAN, JUDGE
P.R.RAMACHANDRA MENON, JUDGE.
nj.