IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 WP(C).No. 11709 of 2008(R) -------------------------- PETITIONER(S): --------------- K.K.SHAJAHAN, MD, ROSE DALE ENGLISH MEDIUM LP SCHOOL, POLAYATHODE, KOLLAM DISTRICT. BY ADV. SRI.K.B.GANGESH SMT.SMITHA CHATHANARAMBATH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, POWER DEPARTMENT, THIRUVANANTHAPURAM. 2. THE KERALA STATE ELECTRICITY BOARD REP. BY ITS CHAIRMAN, VYDUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE KERALA STATE ELECTRICITY REGULATORY COMMISSION, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R2 SRI.T.K.KUNHABDULLA SR. GOVT. PLEADER SHRI.K.S.MUHAMMED HASHIM ADV.P.P.THAJUDEEDAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2009, A/W. W.P.(C).No. 13754/08 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).Nos.11709 & 13754 of 2008 ================== Dated this the 28th day of October, 2009 J U D G M E N T In these two writ petitions, the petitioners are private educational institutions. They are aggrieved by the action of the Kerala State Electricity Board in demanding electricity charges under LT-VIIA tariff. According to the petitioners, the petitioners are liable to pay electricity charges under LT-VIA tariff. They also rely on the decision of the Division Bench of this Court in Bro.Joseph Antony v. Kerala State Electricity Board [2009 (3) KLT 1022], 2. I have heard the learned Standing Counsel appearing for the KSEB also. He does not dispute the fact that the issue is covered by the said Division Bench decision. 3. Accordingly, these writ petitions are disposed of with the following directions: It is declared that the petitioners are liable to pay electricity charges only under LT-VIA tariff and not under LT-VIIA tariff. If the petitioners have paid electricity charges under LT-VIIA tariff, the excess amounts paid by them shall be adjusted against the future bills. The petitioners shall be allowed to continue to pay electricity charges under LT-VIA tariff. Demands impugned in these writ petitions under LT-VIIA tariff are hereby quashed. The Electricity Board shall issue revised bills under LT-VIA tariff wherever applicable. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2