IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 W.A.No. 1494 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.11402/2008 Dated 06/04/2009 APPELLANT/PETITIONER IN WP(C) --------------------------------- AMRITA INSTITUTE OF MEDICAL SCIENCES & RESEARCH CENTER, EDAPPALLY, ELAMAKKARA, ERNAKULAM DIST. REP.BY ITS GENERAL MANAGER(MAINTENANCE & FACILITIES), SRI.RAVINDRAN.I. BY ADV. SRI.K.SRIKUMAR SRI.K.MANOJ CHANDRAN & SRI.P.R.AJITHKUMAR RESPONDENS/RESPONDENTS IN WP(C) ----------------------------------- 1. STATE OF KERALA, REP.BY PRINCIPAL SECRETARY TO GOVERNMENT, POWER DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM., 2. THE KERALA STATE ELECTRICITY REGULATORY COMMISSIONER, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM 3. THE KERALA STATE ELECTRICITY BOARD, REP.BY ITS SECRETARY, VYDHYUTHI BHAVA, PATTOM PO, THIRUVANANTHAPURAM,. 4. THE SPECIAL OFFICER, (REVENUE), THE KERALA STATE ELECTRICTY BOARD, VYDHYUTHI BHAVAN, PATTOM PO, THIRUVANANTHAPURAM. 5. THE DEPUTY CHIEF ENGINEER, KSEB, ELECTRICAL CIRCLE, ERNAKULAM, 6. THE ASSISTANT ENGINEER, KSEB, ELECTRICAL SECTION, EDAPPALLY, ERNAKUALM DIST. BY ADV. SHRI P. NANDAKUMAR, SC, KSERC. BY ADV. SHRI C.K. KARUNAKARAN, SC, KSEB. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/11/2009, ALONG WITH W.A.No. 1497 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. ........................................................................ W.A. No. 1494 & 1497 of 2009 ......................................................................... Dated this the 11th November , 2009 J U D G M E N T P.R. Raman, J: W.A.No.1494 of 2009 is filed against the judgment dated 06.04.2009 in W.P.(C) No. 11402 of 2008. W.A.No.1497 of 2009 is filed against the judgment 06.04.2009 in W.P.(C)No. 8452 of 2008. The matter pertains to classification of educational institutions under LT VII A commercial tariff. This Court has disposed of the connected cases, as per common judgment dated 17.08.2009, in W.A.No. 1064 of 2009 and connected cases, in the following lines: “xx xx xx xx xx xx xx 22. For the various reasons stated as above, we declare that inclusion of Self Financing Educational Institutions under LT VII W.A. No. 1494 & 1497 of 2009 2 (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”. In the light of the above judgment, extending the benefit of the judgment in W.A.No. 1064 of 2009 and connected cases to the appellants herein, who are similarly placed, these Writ Appeals are disposed of. P.R. RAMAN, JUDGE. P.R. RAMACHANDRA MENON, JUDGE. lk