IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31583 of 2009(P)
1. ROYAL COLLEGE OF ENGINEERING &
... Petitioner
Vs
1. STATE OF KERALA, REP. BY PRINCIPAL
... Respondent
2. KERALA STATE ELECTRICITY BOARD,
3. THE SPECIAL OFFICER, REVENUE,
For Petitioner :SRI.KURIAN GEORGE KANNANTHANAM (SR.)
For Respondent :SRI.P.P.THAJUDEEN, SC, K.S.E.B
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :06/11/2009
O R D E R
S.SIRI JAGAN, J.
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W.P(C).No. 31583 of 2009
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Dated this the 6th day of November, 2009
J U D G M E N T
The petitioner is a private educational institution. They have an
electricity connection. Their grievance in this Writ Petition is that they
have been issued with electricity bills under tariff HT IV although they
are liable to pay electricity charges only under HT II tariff. According
to the petitioner, in view of the decision of this court in Bro. Joseph
Antony Vs. Kerala State Electricity Board 2009(3)KLT 1022, the
petitioner is not liable to pay electricity charges under HT IV tariff, but
only under HT II tariff.
2. I have heard the standing counsel for the K.S.E.B also. He
does not dispute the fact that as per the above decision of this court,
the petitioner is liable to pay electricity charges only under HT II tariff.
That being so, the petitioner cannot be directed to pay electricity
charges under HT IV as done in Ext.P1. Accordingly Ext.P1 is quashed.
It is declared that, for future also unless the appropriate authority
changes the tariff applicable the petitioner, the petitioner is liable to
2
pay electricity charges only under HT II tariff. Any amounts paid in
excess by the petitioner shall be adjusted against future bills of the
petitioner. Revised bills shall be issued in this regard as expeditiously
as possible at any rate within one month from the date of receipt of
the copy of this judgment.
S.SIRI JAGAN, JUDGE
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