IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35402 of 2009(U)
1. PRINCIPAL, ST.JOSEPH'S PUBLIC SCHOOL,
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. THE ASSISTANT ENGINEER,
3. THE KERALA STATE ELECTRICITY
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 :18/12/2009
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No. 35402 of 2009
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Dated this the 18th day of December, 2009
J U D G M E N T
The petitioner is an educational institution. They have been
directed by the respondents to pay electricity charges under LT VII A
Tariff. According to the petitioner, the petitioner is liable to pay
electricity charges only under LT VIA Tariff. The petitioner submits
that the position of law in that respect has been declared in favour of
the petitioner in the decision of Bro. Joseph Antony v. Kerala State
Electricity Board [2009(3) KLT 1022].
2. I have heard the standing counsel appearing for the
respondents also. The standing counsel could not dispute the fact that
the issue involved is covered in favour of the petitioner in the above
said decision. But the standing counsel pointed out that that decision
has been stayed by the Supreme Court in an SLP filed by the KSEB and
therefore, the same cannot be relied upon to give the petitioner the
same relief.
3. A Division Bench of this Court has, in Abdul Rahiman v.
District Collector, Malappuram and another [2009 (4) KHC 283
(DB)] held that even when a decision of a Division Bench of this Court
is stayed by the Supreme Court, the law declared by the Division
Bench in that decision is binding on the Single Judges of this Court and
2
the Single Judges are bound to follow the ratio of that decision in
identical cases. That being so, notwithstanding the fact that the above
said decision has been stayed by the Supreme Court, I am bound to
dispose of this writ petition in terms of the ratio of that decision.
Accordingly this writ petition is allowed. The impugned bills are
quashed. It is declared that the petitioner is liable to pay electricity
charges only under LT VIA Tariff. Any excess amounts paid by the
petitioner shall be adjusted against the future bills of the petitioner.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge