IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 WP(C).No. 20776 of 2009(N) -------------------------- PETITIONER(S): --------------- THE PRINCIPAL, HOLY CROSS COLLEGE OF MANAGEMENT & TECHNOLOGY, PUTTADY-685 551, IDUKKI DIST. BY ADV. SRI.WILSON URMESE RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REP.BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM PO, THIRUVANANTHAPURAM- 695 004. 2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KSEB VANDANMEDU 3. THE KERALA STATE ELECTRICITY REGULATORY COMMISSION, REP.BY ITS SECRETARY, THIRUVANANTHAPURAM ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.20776 of 2009 ================== Dated this the 25th day of September, 2009 J U D G M E N T The issue raised in this writ petition is covered by the decision of a Division Bench of this Court in Bro.Joseph Antony v. Kerala State Electricity Board [2009 (3) KLT 1022], the operative portion of which reads thus: “21. 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, this writ petition is also disposed of directing that the petitioner herein will also be entitled to the benefit of the directions in the said judgment, the operative portion of which is extracted above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2