IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 27399 of 2009(T) ------------------------------------ PETITIONER(S): ---------------------- MANAGER, LUNA INDUSTRIAL TRAINING CENTRE CHETTIPARAMBU, IRINJALAKUDA PO, THRISSUR DIST. BY ADV. SRI.WILSON URMESE RESPONDENT(S): ------------------------- 1. KERALA STATE ELECTRICITY BOARD, REP.BY ITS SECRETARY, VYDHUTHI BHAVAN,PATTOM PO THIRUVANANTHAPURAM-695 004. 2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION NO.I, KSEB,IRINJALAKUDA - 680 121. 3. KERALA STATE ELECTRICITY REGULATORY COMMISSION, REP.BY ITS SECRETARY, THIRUVANANTHAPURAM. BY ADVS. MR.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 & 2 SMT. SREEDEVI KYLASANATH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... W.P(C) No. 27399 of 2009 ................................................. Dated this the 30th day of September, 2009 J U D G M E N T The petitioner is the manager of a private educational institution. The institution has an electricity connection. In respect of the said electricity connection, the electricity board has been charging the institution under Tariff LT VII A. The petitioner has also been served with Ext.P5 bill for electricity charges for the period from 3.8.2009 to 16.9.2009, under Tariff LT VII A. The petitioner submits that the issue involved in this writ petition is covered by the decision of the Division Bench of this Court in Bro.Joseph Antony v. KSEB [2009(3) KLT 1022], wherein it has been held that private educational institutions and are liable to pay electricity charges only under LT VI A. 2. I have heard the learned Standing Counsel for the KSE board also. He does not dispute that the issue is covered by the above said decision. In the above circumstances, the writ petition is disposed of with the following directions: 3. Ext.P5 is quashed. It is declared that the petitioner is W.P(C) No. 27399 of 2009 -2- liable to pay electricity charges only under LT VI A tariff. Excess amounts paid by the petitioner under LT VII A for past periods shall be adjusted against future bills of the petitioner and instead of adjusting the entire amount in one month such excess amount shall be adjusted in four months period adjusting 1/4th of the total amount every month till the excess amount is completely adjusted. The respondents shall issue future bills only under Tariff LT VIA. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE rhs