IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 WP(C).No. 27730 of 2009(I) -------------------------- PETITIONER(S): --------------- SR.ADELAIDE, MANAGER, VELUR VALAPPIL HOUSE, ST.JOSEPH CONVENT ENGLISH MEDIUM SCHOOL, OTTAPALAM-2, PALAKKAD DISTRICT. BY ADV. SRI.C.D.DILEEP RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS CHAIRMAN, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE KERALA STATE ELECTRICITY REGULATORY COMMISSION, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. 3. KERALA STATE ELECTRICITY BOARD, MAJOR SECTION, OTTAPALAM. 4. STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT, POWER DEPARTMENT, THIRUVANANTHAPURAM. BY ADVS. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 & 3 SMT. SREEDEVI KYLASANATH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 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 rhs