IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 WP(C).No. 25804 of 2009(U) ------------------------------------ PETITIONER(S): ---------------------- THE PRINCIPAL, JNANODAYA CENTRAL (ICSE) SCHOOL, CHENGAL, KALADY-683 574. BY ADV. MR.WILSON URMESE RESPONDENT(S): ---------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM-695 004. 2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, K.S.E.B., KALADY-683 574. 3. THE KERALA STATE ELECTRICITY REGULATORY COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. BY ADV. SMT. SREEDEVI KYLASNATH, SC ADV. MR.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... W.P(C) No. 25804 of 2009 ................................................. Dated this the 15th day of September, 2009 J U D G M E N T The petitioner is the principal of Jnanodaya Central (ICSE) school, which is an educational institution. They are aggrieved by classification of their electricity connection under LT VII A tariff. His contention is that this court has in W.A. No. 1063 of 2009 and connected appeals 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), P3, P5 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 VIA) 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; iv) Declare that the petitioner’s institution, affiliated to ICSE, New Delhi is not liable to be billed under LT VII A commercial tariff and that the tariff W.P(C) No. 25804 of 2009 -2- applicable to petitioner’s institution is LT VI A; v) Direct the respondents to refund the excess amount collected by way of bills under LT VIIA or to adjust it in future bills;” 2. The learned Standing Counsel for the Electricity Board does not dispute the fact that issue in this writ petition is covered by judgment in W.A. No.1063 of 2009. In the above circumstances, the impugned orders demanding electricity charges from the petitioner under LT VII A tariff are quashed. However, I make it clear that it would be open to the respondents to continue to charge the petitioner for electricity under LT VI A tariff and recover electricity charges at the rate applicable to that tariff. The excess amount if any paid by the petitioner shall be adjusted against future bills payable by the petitioner. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE rhs