IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 28007 of 2009(U) -------------------------- PETITIONER(S): --------------- THE CHINMAYA VIDYALAYA, KALATHARA ROAD, KANNAMALLY POST, KOCHI-8, REPRESENTED BY ITS PRINCIPAL SMT.DEVI RAMANKUTTY. BY ADV. SRI.C.P.KUNJHIKANNAN RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAYDYUTHI BHAVAN, PATTOM POST, THIRUVANANTHAPURAM. 2. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD (ELECTRICAL SECTION), KANNAMALY, KOCHI-08. 3. THE SENIOR SUPERINTENDENT, ELECTRICAL SECTION (KSEB), KANNAMALY, KOCHI-08. 4. THE PRINCIPAL SECRETRY TO GOVERNMENT, POWER DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 5. THE KERALA STATE ELECTRICITY REGULATORY COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-3 SMT. SREEDEVI KYLASANATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 28007 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 15th October, 2009. J U D G M E N T The petitioner herein is a private educational institution. In this writ petition, they are challenging Exts. P4A to P4C order, invoice and calculation statement and Ext. P6 bill issued to them for electricity charges under LT VII-A tariff. According to the petitioner, a Division Bench of this Court has, in Bro. Joseph Antony v. Kerala State Electricity Board, 2009 (3) KLT 1022, held that private educational institutions are liable to be classified for the purpose of payment of electricity charges only under LT VI-A tariff and not under LT VII-A tariff. Therefore, the petitioner seeks the following reliefs: “(i) Call for the records leading to Ext. P 4A to P4C order, invoice and calculation statement and Ext.6 bill and to issue a writ of certiorari or any other appropriate writ or direction quashing the same; (ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to refrain from billing the petitioner under LT-VII-A tariff and to refund the amount paid in excess of LT-VI-A tariff billing effected by the petitioner forthwith and strictly in accordance with law; (iii) declare that Ext. P2 Electricity Tariff Structure issued by the 4th respondent is illegal and unsustainable in as much as it classifies Educational Institutions into Government, Aided, Private Educational Institutions (LT VI-A) and Self Financing Educational Institutions (LT VII-A) (Commercial) for the purpose of charging electricity consumption; (iv) declare that the petitioner's Educational Institution affiliated to the Central Board of Secondary Education (CBSC), Government of India, is not liable to be billed under LT-VII-A (Commercial) Tariff and that the petitioner is entitled to pay bills for supply of electricity under Tariff LT-VI-A.” 2. I have heard the learned standing counsel for the Kerala State Electricity Board also. The standing counsel does not dispute the fact that the issue involved in this writ petition is covered by the W.P.C. No. 28007/09 -: 2 :- abovesaid decision. 3. Accordingly, I quash the impugned orders and bill and direct the respondents to issue revised bills calculating electricity charges of the petitioner under LT VI-A tariff. Excess amounts paid by the petitioner shall be adjusted against their future bills. The petitioner shall be continued to be charged under LT VI-A tariff only until the appropriate authority changes the tariff. The writ petition is allowed as above. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.