IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WP(C).No. 32636 of 2009(Y) -------------------------- PETITIONER(S): --------------- DIRECTOR,ST.JAMES MEDICAL ACADEMY, RIVER BANK,CHALAKUDY,TRICHUR DISTRICT. BY ADV. MR.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE MR.TONY GEORGE KANNANTHANAM RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY PRINCIPAL SECRETARY, TO GOVT.,POWER DEPARTMENT,GOVERNMENT OF KERALA,SECRETARIAT,THIRUVANANTHAPURAM. 2. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY SECRETARY,VYDYUTHI BHAVAN, PATTOM.PO,THIRUVANANTHAPURAM. 3. THE ASST.ENGINEER,ELECTRICAL SECTION, CHALAKUDY. ADV. MR.P.P.THAJUDEEN, SC, K.S.E.B FOR R2-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... W.P(C) No. 32636 of 2009 ................................................. Dated this the 20th day of November, 2009 J U D G M E N T The petitioner is the Director of a private educational institution which enjoys an electricity connection. Their grievance in this writ petition is that they have been required to pay electricity charges under Tariff LT VII A, whereas they are liable to pay electricity charges only under Tariff LT VIA. They rely on the Division Bench decision of this court in Bro. Joseph Antony v. Kerala State Electricity Board [2009(3) KLT 1022] in support of their contention. 2. I have heard the learned Standing Counsel for the Board also. He could not dispute the fact that the issue involved in this writ petition is covered by the above said decision. In the above circumstances, this writ petition is disposed of with the following directions: The bills impugned in this writ petition are quashed. It is declared that the petitioner is liable to pay electricity charges W.P(C) No. 32636 of 2009 -2- only under LT VI A Tariff. The respondents shall issue revised bills accordingly. Excess amount, if any, paid by the petitioner shall be adjusted against future bills payable by the petitioner. S. SIRI JAGAN, JUDGE rhs