IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 WA.No. 2374 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.4641/2009 Dated 06/04/2009 APPELLANT: PETITIONER ------------------------ THE ILAHIA PUBLIC SCHOOL, REP. BY THE MANAGER K.M.SHAMSUDHEEN AGED 45 YRS, S/O.MUHAMMED SIUTATED AT ORAVAKKUHI MARKET.P.O.,MUVATTUPUZHA IN ERNAKULAM DIST.-686673. (RESIDING AT KEEPPURATH HOUSE, P.O.AVOLI, ANICAD, MUVATTUPUZHA,ERNAKULAM DIST.).CON.NO.8462 OF MOOVATTUPUZHA-II ELE.SECTION BY ADV. SRI.C.K.SREEJITH RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY VYDHYUTHI BHAVAN, PATTOM,P.O., THIRUVANANTHAPURAM-695004. 2. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, MOOVATTUPUZHA-II,KAVUNKARA, MOOVATTUPZHA, ERNAKULAM DT. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT POWER DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE KERALA STATE ELECTRICITY REGULATORY COMMISSION, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. S.C. FOR K.S.E.R.C. SRI. P. NANDAKUMAR. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. = = = = = = = = = = = = == == = = = WRIT APPEAL NO. 2374 OF 2009 = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 4TH DAY OF NOVEMBER, 2009. J U D G M E N T Raman, J. This writ appeal is filed against the judgment in W.P.(C) 4641/2009 of this Court. The above said writ petition was disposed of by the learned Single Judge by a common judgment dated 6th April, 2009 along with W.P.(C) 7818/2008 and connected cases. The matter pertains to classification of educational institutions under LT VII A commercial tariff. Appeals arising from similar writ petitions were disposed of by this Court by a common judgment dated 29th September, 2009, in W.A. 1064/2009 and connected cases in the following lines: "xxx xxxx xxxx xxxx xxxx xxxx xxxx xxxxxx xxxx xxxxx 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. 2374/2009 2 In the circumstances, extending the benefit of the judgment in W.A. 1064/2009 and connected appeals to the appellant herein also who is similarly placed, this writ appeal is disposed of. P.R. RAMAN, (JUDGE) P.R. RAMACHANDRA MENON, (JUDGE) KNC/-