IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 32934 of 2009(J) -------------------------- PETITIONER(S): --------------- SR.ROSMY JOSEPH, HEADMISTRESS, ST.JOSEPH'S ENGLISH MEDIUM, HSS, ALOOR, KALLETTUMKARA P.O BY ADV. SRI.K.B.GANGESH SMT.SMITHA CHATHANARAMBATH SRI.AJR.VARGHESE RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, POWER DEPARTMENT, THIRUVANANTHAPURAM. 2. THE KERALA STATE ELECTRICITY BOARD REP. BY ITS CHAIRMAN, VYDUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE ASSISTANT ENGINEER, KSEB, KOMBIDINJAMAKKAL, THRISSUR DT. 4. THE KERALA STATE ELECTRICITY REGULATORY COMMISSION, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R2,3 SRI. P. NANDAKUMAR, S.C. GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 32934 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 23rd November, 2009. J U D G M E N T The petitioner is the Headmistress of a private educational institution. The institution has got an electricity connection. In this writ petition, the petitioner is aggrieved by the demand by the respondents for electricity charges under LT VIIA tariff. According to the petitioner, this Court has, in the decision of Bro. Joseph Antony v. K.S.E.B, 2009 (3) KLT 1022, declared the law on the subject to the effect that private educational institutions are liable to pay electricity charges only under Tariff LT VI A. Therefore, the petitioner seeks the following reliefs: “(i) To declare that the new tariff constituted by the 4th respondent by classifying educational institutions into Government, aided private educational institutions (LT VI A) and self financing educational institutions (LT VII A commercial) for the purpose of levy of electricity charges is illegal and violative of Article 14 of the Constitution of India so far as it relates to the petitioner's school which is a recognized unaided private school. (ii) To declare that the petitioner school which is a recognized by the Government under the Kerala Education Act & Rules is not liable to be billed under LT VII A commercial tariff and that the tariff applicable to it is LT VI A. (iii) a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to levy electricity charges on the petitioner's school only under the category of LT VI A.” 2. I have heard the learned standing counsel for the Kerala State Electricity Board also. He could not dispute the fact that the issue involved is covered by the above said judgment. Therefore, following the said judgment, I dispose of this writ petition with the following directions: W.P.C. No. 32934/09 -: 2 :- The impugned bills are quashed. It is declared that the petitioner is liable to pay electricity charges only under LT VIA tariff. Any excess amount paid by the petitioner towards electricity charges shall be adjusted against the future bills of the petitioner. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.