IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 12433 of 2008(E) -------------------------- PETITIONER(S): --------------- BRO. JOSEPH ANCHERIL CST, PRINCIPAL, ST. THERESE PUBLIC SCHOOL, AYAMKUDY P.O., MUTTUCHIRA(VIA), KOTTAYAM DISTRICT, PIN-686613. BY ADV. SRI.WILSON URMESE SRI.M.C.ANTONY RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM-695004. 2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, K.S.E.B., KADUTHURUTHY, KOTTAYAM. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT, POWER DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE KERALA STATE ELECTRICITY REGULATORY COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 & 2 SRI.T.K.KUNHABDULLA FOR R4 SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1-2 SR. GOVT. PLEADER SHRI.K.S.MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2009, ALONG WITH WPC NO. 12569 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 12433/08. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE RELEVANT PAGES OF TARIFF ORDER. P2. COPY OF THE BILL DTD.30.1.08. P3. COPY OF THE RELEVANT PAGES OF TARIFF ISSUED BY THE KERALA STATE ELECTRICITY REGULATORY COMMISSION. P4. COPY OF THE BILL DTD.29.3.08. P5. COPY OF THE INTERIM ORDER IN W.P.(C).No. 4802/08. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).Nos.12433 & 12569 of 2008 ================== Dated this the 13th day of November, 2009 J U D G M E N T In these two writ petitions, the petitioners are private educational institutions. They are aggrieved by the action of the Kerala State Electricity Board in demanding electricity charges under LT-VIIA tariff. According to the petitioners, the petitioners are liable to pay electricity charges under LT-VIA tariff. They also rely on the decision of the Division Bench of this Court in Bro.Joseph Antony v. Kerala State Electricity Board [2009 (3) KLT 1022], 2. I have heard the learned Standing Counsel appearing for the KSEB also. He does not dispute the fact that the issue is covered by the said Division Bench decision. 3. Accordingly, these writ petitions are disposed of with the following directions: It is declared that the petitioners are liable to pay electricity charges only under LT-VIA tariff and not under LT-VIIA tariff. If the petitioners have paid electricity charges under LT-VIIA tariff, the excess amounts paid by them shall be adjusted against the future bills. The petitioners shall be allowed to continue to pay electricity charges under LT-VIA tariff. Demands impugned in these writ petitions under LT-VIIA tariff are hereby quashed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2