IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WP(C).No. 11306 of 2008(U) --------------------------------------- PETITIONER: ------------------- THE SACRED HEART PUBLIC SCHOOL, KILIMALA, CHANGANACHERRY, REPRESENTED BY THE PROCURATOR, ARCH DIOCESE OF CHANGANACHERRY, REV. FR.MATHEW CHANGANKARY, BISHOP HOUSE, CHANGANACHERRY. BY ADV. MR.C.S.MANILAL. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF POWER, SECRETARIAT, TRIVANDRUM. 2. THE KERALA STATE ELECTRICITY REGULATORY COMMISSION, REPRESENTED BY THE SECRETARY, THIRUVANANTHAPURAM. 3. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY, VAIDHYUTHI BHAVAN, PATTOM, TRIVANDRUM. 4. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SECTION, CHANGANACHERRY. R1 BY GOVT. PLEADER MR. K.C. SANTHOSH KUMAR, R2 BY SMT. SREEDEVI KYLASANATH, S.C, K.S.E.R.C, R3 & R4 BY MR. P.P. THAJUDEEN, S.C, K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2009, ALONG WITH W.P.(C). NO. 11496/2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.11306/2008-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ELECTRICITY BILL IN NOVEMBER, 2007 UNDER TARIFF VI A. EXT.P.2: COPY OF THE RELEVANT PORTION OF THE TARIFF REVISION ORDER OF THE R.2. EXT.P.3: COPY OF THE ELECTRICITY BILL FOR JANUARY 2008 UNDER TARIFF VII A. EXT.P.4: COPY OF THE ELECTRICITY BILL FOR MARCH 2008 UNDER TARIFF VII A. EXT.P.5: COPY OF THE ELECTRICITY BILL DTD. 01/07/2009 FOR RS.57640/-. EXT.P.6: COPY OF THE ELECTRICITY BILL DTD. 08/07/2009 FOR RS.7776.00. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ================ W.P.(C) NOS. 11306, 11496, 13671 OF 2008 & 7030, 18290, 18342, 19623, 19627, 20008, 20100, 20245, 20406, 21070, 21429, 21820, 21834, 22112 & 22911 OF 2009 ============================== Dated this the 19th day of August, 2009 J U D G M E N T The issue raised in these writ petitions is covered by the Division Bench judgment in WA No.1063/09 and connected cases rendered on 17th of August, 2009, the operative portion of the judgment reads as follows: 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 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. All the Self Financing Educational Institutions were being paid at Tariff LT VI during the pendency of the writ petition. In the appeal, we made a slight modification in the interim order and directed them to pay off at the current rate. Sine we have allowed the appeal, the amount paid by the appellants will be adjusted as against the future dues and instead of adjusting the entire amount in one month we think it will be appropriate to direct that such excess amount be adjusted in four months' period so that one fourth of the excess amount be adjusted in every month until the same is wiped off. In view of the above, these writ petitions are also disposed WPC 11306/08 AND CON.CASES :2 : of directing that the petitioners herein will also be entitled to the benefit of the directions in the judgment of the Division Bench in WA No. 1063/09 and connected cases, the operative portion of which is extracted above. ANTONY DOMINIC, JUDGE Rp