IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 12214 of 2008(D) -------------------------- PETITIONER(S): --------------- CHRIST CENTRAL SCHOOL, MUTHOOR, THIRUVALLA, REPRESENTED BY MANAGER, REV.FR.JAMES PATTARAKALAM CMI, S/O.OUSEPH LUKA, AGED 61, RESIDING AT MAR BASELIOUS CMI ASRAMAM, MUTHOOR P.O., THIRUVALLA. BY ADV. MR.C.S.MANILAL RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF POWER, SECRETARIAT, TRIVANDRUM. 2. THE KERALA STATE ELECTRICITY REGULATORY COMMISSION, REPRESENTED BY THE SECRETARY, THIRUVANANTHAPURAM. 3. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY, VIDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 4. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SECTION, THIRUVALLA. BY SR. GOVERNMENT PLEADER MR. K.S.MOHAMMED HASHIM ADVS. MR. P.P.THAJUDEEN, SC MR.T.K.KUNHABDULLA FOR R2 MR.C.K.KARUNAKARAN, SC FOR KSEB FOR R3 & 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2009, ALONG WITH WPC NOS. 12471 & 12206 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12214 of 2008(D) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE CERTIFICATE DATED 19/1/2007 ISSUED BY CENTRAL BOARD OF SECONDARY EDUCATION. EXT.P2 - TRUE COPY OF THE CERTIFICATE SHOWING CHANGE OF NAME DATED 10.9.2004. EXT.P3 - TRUE COPY OF THE ELECTRICITY BILL IN NOVEMBER, 2007. EXT.P4 - TRUE COPY OF THE TARIFF REVISION ORDER DATED 12.2.2007. EXT.P5 - TRUE COPY OF THE REVISED BILL DATED 29./1.2008 FOR RS.7,865/- RESPONDENTS'EXHIBITS: EXT.R3(A) - PAPER PUBLICATIONS. EXT.R3(B) - LETTER DTED 24.4.2007 OF RESPONDENT NO. 3 TO THE DIRECTOR OF PUBLIC RELATIONS. EXT.R3(C) - DRAFT TARIFF ISSUED BY RESPONDENT NO.3 EXT.R3(D) PRESS RELEASE DATED 23.4.2007 ARRANGED THROUGH THE DIRECTOR, PUBLIC RELATIONS. EXT.R3(E) - PRESS RELEASE DATED 8.5.2007 ARRANGED THROUGH THE DIRECTOR, PUBLIC RELATIONS. EXT.R3(F) - COPY OF THE MINUTES OF THE STATE ADVOSORY COMMITTEE HELD ON 15.5.2007. EXT.R3(G) - GAZETTEE NOTIFICATION DATED 31.10.2006 REGARDING THE NOTIFICATION OF THE CONSTITUTION OF THE STATE ADVOSORY COMMITTEE. EXT.R3(H) - COPY OF THE LIST OF PERSONS ATTENDED IN THE PUBLIC HEARING HELD ON 17.5.2007. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) Nos. 12214, 12471 & 12206 of 2008 ............................................... Dated this the 9th day of November, 2009 J U D G M E N T Petitioners in these three writ petitions are private educational institutions. They enjoy electricity supply from the Kerala State Electricity Board. Their grievances in these writ petitions are that although they are liable to pay electricity charges only under LT VI A tariff, the KSEB is demanding electricity charges under LT VII A Tariff. According to the petitioners, the issue involved in these writ petitions are covered by a Division Bench decision of this court in Bro. Joseph Antony v. Kerala State Electricity Board [2009(3) KLT 1022] in favour of the petitioners. 2. I have heard the standing counsel appearing for the KSEB also. He does not dispute the fact that the issue involved in these writ petitions are covered by the abovesaid decision. In the above circumstances, the impugned demands are quashed. It is declared that the petitioners are liable to pay electricity charges only under LT VIA tariff and not under LT VIIA tariff. W.P(C) No. 31153 of 2009 -2- Any excess amount paid by the petitioners shall be adjusted against the future bills of the petitioners. These writ petitions are disposed of as above. S. SIRI JAGAN, JUDGE rhs