IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 WA.No. 1954 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.22224/2008 Dated 06/04/2009 .................... APPELLANT(S): PETITIONER ------------------------ M.E.S.RAJA RESIDENTIAL SCHOOL,PAVANGAD, REP. BY ITS SECRETARY MR.M.P.C.NAZIR,51 YEARS, S/O.SHRI.M.P.C.ABOO,PAVANGAD,PUTHIYANGADI P.O., KOZHIKODE DISTRICT-673021(R/AT.'ELAVANCHALIL (H), P.O.KODUVALLY,KOZHIKODE DISTRICT)(CONSUMER NOS. 6606000893 (5) AND 6606007441 (9). BY ADV. SRI.TPM.IBRAHIM KHAN RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM-695 004. 2. THE ASST. ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, ERANHIKKAL, KOZHIKODE DISTRICT 3. THE PRINCIPAL SECRETARY TO GOVERNMENT, POWER DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE KERALA STATE ELECTRICITY REGULATORY COMMISSION, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. STANDING COUNSEL SRI.P.NANDAKUMAR FOR KSERC THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. ............................................................................... W.A.No. 1954 OF 2009 ......................................................................... Dated this the 5th November, 2009 J U D G M E N T P.R. Raman, J: This appeal is filed against the judgment dated 06.04.2009, in W.P.(C) No. 22224 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 (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 W.A.No. 1954 OF 2009 2 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 appellant herein, who is similarly placed, this Writ Appeal is disposed of. P.R. RAMAN, JUDGE P.R. RAMACHANDRA MENON, JUDGE. lk