IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WA.No. 2501 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.27113/2008 Dated 06/04/2009 APPELLANT/ PETITIONER ------------------------ CHINMAYA MISSION COLLEGE, PALAKKAD, REPRESENTED BY ITS SECRETARY SANTHOSH.S.MENON. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE ADV. SRI.T.C.SURESH MENON ADV. SRI.JIBU P THOMAS ADV. SRI.P.S.APPU ADV. SRI.A.R.NIMOD ADV. SRI.C.A.ANOOP RESPONDENTS/ RESPONDENTS ---------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF POWER, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE STATE ELECTRICITY REGULATORY COMMISSION, REPRESENTED BY THE SECRETARY, THIRUVANANTHAPURAM-695 001. 3. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 4. THE ASSISTANT ENGINEER, ELECTRICAL MAJOR SECTION, KERALA STATE ELECTRICITY BOARD, SULTANPET, PALAKKAD. 5. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, SULTANPET, PALAKKAD. BY ADV. MR. C.K. KARUNAKARAN, SC, K.S.E.B. R2 BY ADV. MR. P. NANDAKUMAR, SC. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON13/11/2009, ALONG WITH WRIT APPEAL NOS. 2504 AND 2506 OF 2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. .......................................................................... W.A.Nos. 2501, 2504 & 2506 OF 2009 ......................................................................... Dated this the 13th November , 2009 J U D G M E N T P.R. Raman, J: W.A.No.2501 of 2009 is filed against the judgment dated 06.04.2009 in W.P.(C) No. 27113 of 2008. W.A.No.2504 of 2009 is filed against the judgment 06.04.2009 in W.P.(C)No. 27200 of 2008. W.A.No.2506 of 2009 is filed against the judgment dated 06.04.2009 in W.P.(C)No. 27187 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 17.08.2009, in W.A.No. 1064 of 2009 and connected cases, in the following lines: “xx xx xx xx xx xx xx 22. For the various reasons stated as above, we declare that inclusion of Self Financing Educational Institutions under LT VII W.A.Nos. 2501, 2504 & 2506 OF 2009 2 (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 falling 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, these Writ Appeals are disposed of. P.R. RAMAN, JUDGE. P.R. RAMACHANDRA MENON, JUDGE. lk