IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WA.No. 2288 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.17633/2008 Dated 06/04/2009 .................... APPELLANT(S): PETITIONER ------------------------ FR.JOHN ELENJEDATH, MANAGER, ST.XAVIER'S PUBLIC SCHOOL, POTHANIKAD, KOTHAMANGALAM - 686 671. BY ADV. SRI.WILSON URMESE SMT.JISHA MARY ABRAHAM RESPONDENT(S): RESPONDENTS -------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM P.O. THIRUVANANTHAPURAM - 695 004. 2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, K.S.E.B., POTHANIKAD - 686 671. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT, POWER DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE KERALA STATE ELECTRICITY REGULATORY COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. .............................................................. W.A.No. 2288 OF 2009 ......................................................................... Dated this the 20th day of October, 2009 J U D G M E N T P.R. Raman J: This appeal is filed against the common judgment dated 06.04.2009, in W.P.(C) No. 17633 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 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”. W.A. No. 2288 of 2009 - 2 - 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. dnc