IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 12100 of 2008(M) -------------------------- PETITIONER(S): --------------- KUNJITHARUVAI MEMORIAL CHARITABLE TRUST REPRESENTED BY ITS TRUSTEE, I.G. ROAD, CALICUT-1 BY ADV. SRI.KURIAN GEORGE KANNAMTHANAM, SENIOR ADVOCATE SRI.TONY GEORGE KANNANTHANAM RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY VYDHUTHI BHAVAN, PATTOM P.O.,TRIVANDRUM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT POWER DEPARTMENT, GOVT. OF KERALA SECRETARIAT, TRIVANDRUM. 3. KERALA STATE ELECTRICITY REGULATORY COMMISSION, REPRESENTED BY ITS SECRETARY TRIVANDRUM 4. OFFICE OF THE SPECIAL OFFICER (REVENUE) VYDHYUTHI BHAVANAM, PATTOM PALACE, TRIVANDRUM ADV. SRI.T.K.KUNHABDULLA FOR R1 MR.P.P.THAJUDEEN, SC FOR KSEB MRS.SREEDEVI KYLASANATHAN, SC FOR KSERC MR.K.S.MOHAMMED HASHIM, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/08/2009, ALONG WITH WP(C) NOS.13515 & 13921 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.12100/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF NOTIFICATION DATED 20/04/2007 ISSUED FROM R3. P2 : COPY OF RELEVANT PORTION OF SCHEDULE OF TARIFF AND TERMS AND CONDITIONS FOR RETAIL SUPPLY BY KSEB WITH EFFECT FROM 01/12/2007. P3 : COPY OF BILL DATED 03/03/2008 ISSUED BY KSEB. P4 : COPY OF BILL DATED 04/03/2008 ISSUED BY KSEB. RESPONDENT'S EXHIBITS R3(A) : COPY OF PAPER PUBLICATIONS R3(B) : COPY OF LETTER DATED 24/04/2007 OF RESPONDENT NO.3 TO THE DIRECTOR OF PUBLIC RELATIONS. R3(C) : COPY OF DRAFT TARIFF ISSUED BY R3. R3(D) : COPY OF PRESS RELEASE DATED 23/04/2007 ARRANGED THROUGH THE DIRECTOR, PUBLIC RELATIONS. R3(E) : COPY OF PRESS RELEASE DATED 08/05/2007 ARRANGED THROUGH THE DIRECTOR, PUBLIC RELATIONS. R3(F) : COPY OF MINUTES OF THE STATE ADVISORY COMMITTEE HELD ON 15/05/2007. R3(G) : COPY OF GAZETTE NOTIFICATION DATED 31/10/2006 REGARDING THE NOTIFICATION OF THE CONSTITUTION OF THE STATE ADVISORY COMMITTEE. R3(H) : COPY OF LIST OF PERSONS ATTENDED IN THE PUBLIC HEARING HELD ON 17/05/2007. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) Nos.12100, 13515 &13921 of 2008 --------------------------------- Dated, this the 27th day of August, 2009 J U D G M E N T The issue raised in these writ petitions is covered by the Division Bench judgment in WA No.1063/09 and connected cases rendered on 17th of August, 2009, the operative portion of the judgment reads as follows: “For the various reasons stated as above, we declare that inclusion of Self Financing Educational Institutions under LT VII(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. All the Self Financing Educational Institutions were being paid at Tariff LT VI during the pendency of the writ petition. In the appeal, we made a slight modification in the interim order and directed them to pay off at the current rate. Sine we have allowed the appeal, the amount paid by the appellants will be adjusted as against the future dues and instead of adjusting the entire amount in one month we think it will be appropriate to direct that such excess amount be adjusted in four months' period so that one fourth of the excess amount be adjusted in every month until the same is wiped off.” In view of the above, these writ petitions are also disposed of WP(C) Nos.12100, 13515 & 13921/2008 -2- directing that the petitioners herein will also be entitled to the benefit of the directions in the judgment of the Division Bench in WA No. 1063/09 and connected cases, the operative portion of which is extracted above. (ANTONY DOMINIC, JUDGE) jg