IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 WP(C).No. 30318 of 2009(H) --------------------------------------- PETITIONER: ------------------- THE MANAGER,MAR SLEEVA COLLEGE OF NURSING , CHERPUMKAL P.O.,KOTTAYAM. BY MR.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE, ADV. MR.TONY GEORGE KANNANTHANAM. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY TO GOVT., POWER DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY SECRETARY, VYDYUTHI BHAVAN, PATTOM P.O, THIRUVANANTHAPURAM. 3. THE ASST. ENGINEER, KERALA STATE ELECTRICITY BOARD, KIDANGOOR. R1 BY SR. GOVT. PLEADER MR. K.C. SANTHOSH KUMAR, R2 & R3 BY ADV. MR.P.P.THAJUDEEN, SC, K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2009,ALONG WITH W.P.(C).NO.30306/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S. SIRI JAGAN, J ............................................................ W.P(C) Nos. 30306 & 30318 of 2009 ............................................................ Dated this the 27th day of October, 2009 J U D G M E N T Petitioners in these two writ petitions are Managers of Private Educational Institutions. Their grievance in this writ petition is that the educational institutions run by them are charged for electricity under LT VIIA Tariff contrary to the Division Bench decision in Bro. Joseph Antony v. Kerala State Electricity Board [2009(3) KLT 1022]. The petitioner submits that in that decision the Division Bench has held that private educational institutions are not liable to pay electricity charges under LT VII A Tariff but only under LT VIA Tariff. The petitioner therefore challenges the bills issued to the petitioners under LT VIIA Tariff and seeks adjustment of excess amounts paid against future bills. 2. I have heard the learned Standing Counsel for the electricity board also. He does not dispute that the issue involved is covered by the said Division Bench decision mentioned above. Accordingly the impugned bills are quashed and the respondents are directed W.P(C) Nos. 30306 & 30318 of 2009 -2- to issue fresh bills in accordance with the decision of the Division Bench in the above case. If petitioners have paid any excess amount on such revision of electricity charges, the same shall be adjusted against future bills of the petitioners. S. SIRI JAGAN, JUDGE rhs