IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 WP(C).No. 34914 of 2009(H) -------------------------- PETITIONER(S): --------------- SECRETARY & CORRESPONDENT, M.E.S TRAINING COLLEGE, EDATHALA, ALUVA - 683 564. BY ADV. MR.WILSON URMESE RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM - 685 004. 2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, K.S.E.B., KIZHAKKAMBALAM. 3. THE KERALA STATE ELECTRICITY REGULATORY COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. BY ADV.MR.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-R2 MR. P. NANDAKUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ................................................ W.P(C) No. 34914 of 2009 ................................................. Dated this the 10th day of December, 2009 J U D G M E N T The petitioner is the manager of a Private Educational institution which has an electricity connection. Their grievance of the petitioner in this writ petition is that they are being charged to electricity under LT VIIA Tariff, whereas this court has, in the decision of Bro. Joseph Antony v. Kerala State Electricity Board [2009(3) KLT 1022] held that private educational institutions are liable to pay electricity charges only under LT VI A Tariff. The petitioner therefore seeks the following reliefs: “i) Call for the records leading to Ext.P1 and quash that part of the Tariff Order classifying self- financing educational institutions under LT VII A Tariff; ii) Issue a Writ of Certiorari quashing Exts.P2 & P2 (a) and other bills, issued on the basis of Board Order (FM) No. 2731/2007/KSEB/TRAC/Tariff Rev. 07-08 dated 01.12.2007. iii) Declare that the tariff order formulated by the KSERC as per Ext.P1 to the extent it classifies educational institutions into Government. Aided private educational institutions (under LT VI A) and self- financing educational institutions (under LT VIIA commercial) for the purpose of charging electricity is illegal and violative of Sec.62(3) of the Electricity Act, 2003; W.P(C) No. 34914 of 2009 -2- iv) Declare that the petitioner's educational institution is not liable to be billed under LT VII A commercial tariff and that the tariff applicable to petitioner's institution is LT VI A; v) Direct the respondents to refund the excess amount collected by way of bills issued under LT VIIA or to adjust it in the future bills of the petitioner.” 2. While admitting that, the above said decision covers the issue involved, the Standing Counsel for the Kerala State Electricity Board would contend that in an SLP filed before the Supreme Court, the operation of that judgment has been stayed. Therefore according to the Standing Counsel, the ratio of that decision cannot now be applied to the petitioner’s case. 3. This court has in the decision Abdul Rahiman v. District Collector, Malappuram and another [2009 (4) KHC 283 (DB)] held that, even when a decision of the Division Bench of this court is stayed by the Supreme Court, learned single Judges of this court are bound by the law laid down by the Division Bench in that decision, which has to be applied by the learned Single Judges to cases involving the same issue coming up before them. That being so, I am of opinion that simply because the Supreme Court has granted a stay in that particular case, the law laid down by the Division Bench in that decision W.P(C) No. 34914 of 2009 -3- does not cease to be applicable to other cases involving the same issue. Therefore, the KSEB cannot recover from the petitioner electricity charges under LT VII A Tariff. Accordingly, the impugned bills are quashed. It is declared that the petitioner is liable to pay electricity charges only under LT VI A Tariff. Any excess mount paid by the petitioner shall be adjusted against the future bills of the petitioner. The writ petition is disposed of as above. sd/- S. SIRI JAGAN, JUDGE rhs // True copy // PA to Judge