IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 12400 of 2008(A) -------------------------------------- PETITIONER: ------------------- THE LAKSHMI NARAYANA VIDYANIKETHAN, REPRESENTED BY ITS CHAIRMAN AND MANAGING TRUSTEE MR.RAMAKRISHNAN, AGED 58 YEARS, SON OF LATE SHRI. K.NARAYANAN, P.O.PALAPURAM, OTTAPALAM, PALAKKAD DISTRICT-679 103, (RESIDING AT KIZHAKKU VEETTIL, S.R.K.NAGAR, PALAKKAD DISTRICT(CONSUMER NO.23130). BY ADV. MR.T.P.M.IBRAHIM KHAN. RESPONDENTS: ------------------------ 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM-695 004. 2. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, PATTAMBI. 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. R1 & R2 BY MR. C.K.KARUNAKARAN, SC, MR. P.P.THAJUDEEN,SC. R3 BY GOVT. PLEADER MR. BEJOY CHANDRAN, R4 BY MR. K.P. DANDAPANI, SENIOR ADVOCATE, ADV. MR. T.K. KUNHABDULLAH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2009, ALONG WITH W.P.(C). NO.7818/2008 AND CONNECTED CASES , THE COURT ON 06/04/2009, DELIVERED THE FOLLOWING: W.P.(C). NO.12400/2008-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER NO. CBSE/AFFI/9769/541316 DTD. 13/05/2004 ALONG WITH ITS ANNEXURE ISSUED BY THE CENTRAL BOARD OF SECONDARY EDUCATION, DELHI – 110 092. EXT.P.2: COPY OF THE ELECTRICITY BILL NO. 562077 DTD. 12/12/2007 IN CONSUMER NO. 23130 OF ELECTRICAL SECTION, OTTAPALAM FOR RS.4,361/- ALONG WITH THE RECEIPT ISSUED FROM THE OFFICE OF THE R.2. TO THE PETITIONER SCHOOL. EXT.P.3: COPY OF THE RELEVANT PAGES OF THE SCHEDULE OF TARIFF AND TERMS & CONDITIONS FOR RETAIL SUPPLY BY THE KSEB WITH EFFECT FROM 01/12/2007, ISSUED BY THE KERALA STATE ELECTRICITY REGULATORY COMMISSION. EXT.P.4: COPY OF THE DEMAND NOTICE (BILL)NO.DEMAND NOTICE (BILL) NO. 984718 DTD. 07/02/2008 FOR RS.7,736/- ALONG WITH THE RECEIPT ISSUED FROM THE OFFICE OF THE R.2. TO THE PETITIONER SCHOOL. EXT.P.5: COPY OF THE INTERIM ORDER DTD. 12/02/2008 ISSUED BY THIS HONOURABLE COURT IN W.P.(C). NO.5035/2008-Y. RESPONDENTS' EXHIBITS: EXT.R3.A: PAPER PUBLICATIONS. EXT.R3.B: LETTER DTD. 24/04/2007 OF RESPONDENT NO.3 TO THE DIRECTOR OF PUBLIC RELATIONS. EXT.R3.C: DRAFT TARIFF ISSUED BY R.3. EXT.R3.D: PRESS RELEASE DTD. 23/04/2007 ARRANGED THROUGH THE DIRECTOR, PUBLIC RELATIONS. EXT.R3.E: PRESS RELEASE DTD. 08/05/2007 ARRANGED THROUGH THE DIRECTOR, PUBLIC RELATIONS. EXT.R3.F: COPY OF THE MINUTES OF THE STATE ADVISORY COMMITTEE HELD ON 15/05/2007. EXT.R3.G: GAZETTE NOTIFICATION DTD. 31/10/2006 REGARDING THE NOTIFICATION OF THE CONSTITUTION OF THE STATE ADVISORY COMMITTEE. EXT.R3.H: COPY OF THE LIST OF PERSONS ATTENDED IN THE PUBLIC HEARING HELD ON 17/05/2007. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).Nos.12400/200u8-A, 12424/2008-D, 12433/2008-E, 12471/2008-I & 12569/2008-U = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 10th day of April, 2008. O R D E R Learned Government Pleader and the respective learned standing counsel take notice for the respondents. There will be an interim order as prayed for, on condition that the petitioners continue to pay electricity charges under LT VIA tariff. It is also clarified that no further payments under LT VIIA tariff shall be insisted upon, until further orders. Petitioners' liability to pay under LT VIIA tariff will be subject to the result of these writ petitions. H.o. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/100408