IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11709 of 2008(R)
1. K.K.SHAJAHAN, MD,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
2. THE KERALA STATE ELECTRICITY BOARD
3. THE KERALA STATE ELECTRICITY
For Petitioner :SRI.K.B.GANGESH
For Respondent :SRI.C.K.KARUNAKARAN, SC FOR KSEB
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :28/10/2009
O R D E R
S.SIRI JAGAN, J.
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W.P(C).Nos.11709 & 13754 of 2008
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Dated this the 28th day of October, 2009
J U D G M E N T
In these two writ petitions, the petitioners are private
educational institutions. They are aggrieved by the action of the Kerala
State Electricity Board in demanding electricity charges under LT-VIIA
tariff. According to the petitioners, the petitioners are liable to pay
electricity charges under LT-VIA tariff. They also rely on the decision of
the Division Bench of this Court in Bro.Joseph Antony v. Kerala
State Electricity Board [2009 (3) KLT 1022],
2. I have heard the learned Standing Counsel appearing for
the KSEB also. He does not dispute the fact that the issue is covered
by the said Division Bench decision.
3. Accordingly, these writ petitions are disposed of with the
following directions:
It is declared that the petitioners are liable to pay electricity
charges only under LT-VIA tariff and not under LT-VIIA tariff. If the
petitioners have paid electricity charges under LT-VIIA tariff, the
excess amounts paid by them shall be adjusted against the future bills.
The petitioners shall be allowed to continue to pay electricity charges
under LT-VIA tariff. Demands impugned in these writ petitions under
LT-VIIA tariff are hereby quashed. The Electricity Board shall issue
revised bills under LT-VIA tariff wherever applicable.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
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