IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 14487 of 2008(Y) -------------------------- PETITIONER(S): ------------------ MANAGER, AMALAMBIKA CONVENT, ENGLISH SCHOOL, THEKKADY-685 536. BY ADV. SRI.KURIAN GEORGE KANNAMTHANAM, SENIOR ADVOCATE SRI.TONY GEORGE KANNANTHANAM RESPONDENT(S): ------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP.BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM PO, TRIVANDRUM. 2. THE PRL.SECRETARY TO GOVERNMENT, POWER DEPARTMENT, GOVT.OF KERALA, SECRETARIAT, TRIVANDRUM. 3. KERALA STATE ELECTRICITY REGULATORY COMMISSIONER, REP.BY ITS SECRETARY,TRIVANDRUM. 4. THE ASST.ENGINEER, ELECTRICAL SECTION, KUMALY PO. ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 AND 4 SMT.SREEDEVI KYLASANATH, SC, KSERC GOVT.PLEADER SRI.K.S.MOHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.14487/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF NOTIFICATION DT 20.4.2007 ISSUED FROM THE 3RD RESPONDENT. EXT.P2: COPY OF RELEVANT PORTIONOF FACE PAGE, 5, 6,14 AND 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 ORDER DT 9.4.2008 IN WPC NO.12100 OF 2008 OF THIS HON'BLE COURT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 14487 OF 2008 (Y) ===================== Dated this the 28th day of August, 2009 J U D G M E N T The issue raised in the writ petition 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, the writ petition is also disposed of directing that the petitioner herein will also be entitled to the WPC 14487/08 :2 : 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