IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 WP(C).No. 4487 of 2010(I) ------------------------- PETITIONER(S): --------------- T.K.DASAN, CYBER PARK, 3477, KUTHUPARAMBA, 'SANTHA BHAVAN', KUTHUPARAMBA P.O. BY ADV. SRI.V.V.ASOKAN SRI.P.P.RAMACHANDRAN RESPONDENT(S): --------------- 1. ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, KUTHUPARAMBA. 2. DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD, KANNUR. 3. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695 004. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 TO 3 SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------------- WP(C) NO. 4487 OF 2010 -------------------------------------------- Dated this the 28th day of June, 2010 JUDGMENT Whether the petitioner who is running a Computer Training Centre with such other services like DTP, Internet, Job works etc. is eligible to have the benefit of 'LT VI B'; which is exclusively for 'educational institutions', or belongs to category 'LT VII A' applicable to the 'commercial institutions' is the point involved. 2. The case of the petitioner is that, pursuant to the application preferred by the petitioner and the recommendation made by the concerned Assistant Engineer, the tariff, which was earlier under 'LT VII A', was subsequently converted to 'LT VI B' as borne by Ext.P1 dated 10.04.2002. Subsequently, there was an inspection by the Assistant Executive Engineer on 29.01.2008, when it was noted that the petitioner was making use of the supply for undertaking DTP works and such other job works, which were of 'commercial' in nature and hence steps were taken to realise the actual dues from the petitioner under 'LT VII A' issuing necessary proceedings. The steps taken in this regard were subjected to challenge in Ext.P4 appeal before the 2nd respondent, raising many a ground. After considering the matter, the 2nd respondent passed Ext.P5 order rejecting the appeal as per order dated 24.12.2009; which is under 2 WP(C) No. 4487/2010 challenge in this Writ Petition. 3. The respondents have filed a counter affidavit seeking to sustain the impugned order, stating that the factum of inspection and the incriminating circumstances noted above are substantiated in view of the materials on record. It is also stated that, the connection originally provided to the petitioner was a Low Tension Non Domestic one, under 'LT VII A' tariff. Application was preferred by the petitioner stating that, the petitioner was running an 'educational institution' and it was in the said circumstance, that Ext.P1 order was passed giving conversion to 'LT VI B'. That did never intend or provide to extend any green card to the petitioner to have availed the benefit of supply for running any similar activities involving commercial elements, which hence is sought to be rectified by raising the disputed bills. It is also stated in paragraph 4 of the counter affidavit that, the petitioner is pursuing computer training activities and Internet cafe business including DTP work, Job works etc. in the very same premises, availing the power supply under the reduced tariff of 'LT VI B', applicable to educational institution. It is also stated that, as per the existing provision, a higher tariff shall be assigned, if the purpose of energy is of composite in nature. Reference is also made to the fact that, as per the Gazette dated 26.11.2007 of the Kerala State Electricity Regulatory Commission, self educational institutions are being changed under 'LT VII A' tariff. This being 3 WP(C) No. 4487/2010 the position, the grievance projected in the Writ Petition does not call for any interference; which appears to the case projected by the respondents. 4. The learned counsel appearing for the petitioner submits that, the specific grounds raised in the memorandum of appeal have not been properly appreciated by the 2nd respondent while passing Ext.P5 order. It is also stated that, even on assuming that, the petitioner is conducting Internet Cafe, that will not take it out from the purview of the non- educational institution. Reliance is also sought to be placed on Ext.P6 judgment rendered by this Court in WP(C) 22014/2004. Going by the contents of Ext.P6, the issue considered therein was, whether using of a camera for taking photographs and also maintaining a counter, is a part of the SSI unit engaged in computerised colour photo printing, so as to sustain the industrial connection at lesser rate. It is observed by this Court that, by maintaining a counter as aforesaid, the unit of the petitioner therein will not lose the status as an SSI unit and hence was entitled to have the benefit of reduced rate as applicable to the industrial connection under 'LT IV'. The factual situation contained in the said judgment is entirely different from the present case. The specific averments with regard to the running of the Internet Cafe, DTP and other Job works in the premises as raised in paragraph 4 of the counter affidavit have not been chosen to be rebutted by filing any reply affidavit. This being the position, the fact remains that the 4 WP(C) No. 4487/2010 petitioner, apart from running the computer training centre, is also engaged in such other commercial activities. 5. Referring to Section 62 of the Kerala Electricity Act, 2003, with specific reference to sub section 3, the learned standing counsel for the Board submits that, the tariff has not been fixed by the Board and that on finalisation of the position by the 'Regulatory Commission', the Board has only given effect to the mandate given by the Commission, fixing the petitioner in the particular tariff, as provided. In the above circumstance, this Court does not find any reason for interference and the Writ Petition is dismissed accordingly. P.R.RAMACHANDRA MENON JUDGE dnc