IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 WP(C).No. 13511 of 2008(H) -------------------------- PETITIONER(S): --------------- THE MANAGER, MARY WARD E.M.SCHOOL, PUTHENVELIKKARA, PIN-683594. BY ADV. MR.KURIAN GEORGE KANNAMTHANAM, SENIOR ADVOCATE MR.TONY GEORGE KANNANTHANAM RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM P.O., TRIVANDRUM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, POWER DEPARTMENT, GOVT.OF KERALA, SECRETARIAT, TRIVANDRUM. 3. KERALA STATE ELECTRICITY REGULATORY COMMISSION, REPRESENTED BY ITS SECRETARY, TRIVANDRUM. 4. SENIOR SUPERINTENDENT, ELECTRICAL MAJOR SECTION, PUTHENVELIKKARA. BY SR. GOVERNMENT PLEADER MR. K.S.MUHAMMED HASHIM ADV. MR.T.K.KUNHABDULLA FOR R3 MR.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13511 of 2008(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - EXT.P1 - COPY OF NOTIFICATION DATED 20.4.2007 ISSUED FROM THE 3RD RESPONDENT EXT.P2 - COPY OF RELEVANT PORTION OF FACE PAGE, 5,6,14 & 15 OF SCHEDULE OF TARIFF AND TERMS AND CONDITIONS FOR RETAIL SUPPLY BY K.S.E.B. WITH EFFECT FROM 1.12.2007. EXT.P3 - COPY OF BILL DATED 15.4.2008 ISSUED BY K.S.E.BOARD. EXT.P4 - COPY OF ORDER DATED 9.4.2008 IN WPC NO. 12100 OF 2008 OF THIS COURT. RESPONDENTS'EXHIBITS: EXT.R3(A) - PAPER PUBLICATIONS EXT.R3(B) - LETTER DATED 24.4.2007 OF RESPONDENT NO.3 TO THE DIRECTOR OF PUBLIC RELATIONS. EXT.R3(C) - DRAFT TARIFF ISSUED BY RESPONDENT NO.3 EXT.R3(D) - PRESS RELEASE DATED 23.4.2007 ARRANGED THROUGH THE DIRECTOR, PUIBLIC RELATIONS. EXT.R3(E) - PRESS RELEASE DATED 8.5.2007. EXT.R3(F) - COPY OF THE MINUTES OF THE STATE ADVISORY COMMITTEE HELD ON 15.5.2007. EXT.R3(G) - GAZETTEE NOTIFICATION DATED 31.10.2005 REGARDING THE NOTIFICATION OF THE CONSTITUTION OF THE STATE ADVISORY COMMITTEE. EXT.R3(H) - COPY OF THE LIST OF PERSONS ATTENDED IN THE PUBLIC HEARING HELD ON 17.5.2007. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ................................................ W.P(C) No. 13511 of 2008 ................................................. Dated this the 8th day of December, 2009 J U D G M E N T The petitioner is an educational institution. They have been directed by the respondents to pay electricity charges under LT VII A Tariff. According to the petitioner, the petitioner is liable to pay electricity charges only under LT VIA Tariff. The petitioner submits that the position of law in that respect has been declared in favour of the petitioner in the decision of Bro. Joseph Antony v. Kerala State Electricity Board [2009(3) KLT 1022]. 2. I have heard the standing counsel appearing for the respondents also. The standing counsel could not dispute the fact that the issue involved is covered in favour of the petitioner in the above said decision. But the standing counsel pointed out that that decision has been stayed by the Supreme Court in an SLP filed by the KSEB and therefore the same cannot be relied upon to give the petitioner the same relief. 3. A Division Bench of this court has, in Abdul Rahiman v. District Collector, Malappuram and another [2009 (4) KHC W.P(C) No. 13511 of 2008 -2- 283 (DB)] held that even when a decision of a Division Bench of this court is stayed by the Supreme Court, the law declared by the Division Bench in that decision is binding on the single Judges of this court and the single Judges are bound to follow the ratio of that decision in identical cases. That being so, notwithstanding the fact that the above said decision has been stayed by the Supreme Court, I am bound to dispose of this writ petition in terms of the ratio of that decision. Accordingly the writ petition is allowed. 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 amounts paid by the petitioner shall be adjusted against the future bills of the petitioner. sd/- S. SIRI JAGAN, JUDGE rhs // True copy // PA to Judge