High Court Kerala High Court

Sr.Adelaide vs The Kerala State Electricity … on 5 October, 2009

Kerala High Court
Sr.Adelaide vs The Kerala State Electricity … on 5 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27730 of 2009(I)


1. SR.ADELAIDE, MANAGER,
                      ...  Petitioner

                        Vs



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

2. THE KERALA STATE ELECTRICITY

3. KERALA STATE ELECTRICITY BOARD,

4. STATE OF KERALA REP. BY SECRETARY TO

                For Petitioner  :SRI.C.D.DILEEP

                For Respondent  :SRI.P.P.THAJUDEEN, SC, K.S.E.B

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :05/10/2009

 O R D E R
                         S. SIRI JAGAN, J
               ...............................................
                 W.P(C) No. 27730 of 2009
              .................................................
          Dated this the 5th day of October, 2009

                         J U D G M E N T

The petitioner is the Manager of a private educational

institution. The institution has an electricity connection. They

are aggrieved by Exts.P1 ans P2 orders, by which electricity

charges have been demanded from them under LT VII A tariff.

According to the petitioner, the petitioner is liable to pay

electricity charges only under LT VI A tariff. They also rely on

the decision of this court in Bro.Joseph Antony v. KSEB [2009

(3) KLT 1022], wherein a Division Bench of this court has held

that private educational institutions are liable to be classified

only under LT VI A tariff for electricity charges.

2. I have heard the standing counsel appearing for the

KSEB also.

3. In view of the said decision, the petitioner is entitled to

succeed in this writ petition. Accordingly, Ext.P2 is quashed. It

is declared that the petitioner is liable to pay electricity charges

only under LT VIA tariff. Excess amount paid by the petitioner

W.P(C) No. 27730 of 2009 -2-

under LT VII A tariff shall be adjusted against future bills of the

petitioner.

The writ petition is allowed as above.

S. SIRI JAGAN, JUDGE
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