IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 24663 of 2009(C) -------------------------- PETITIONER(S): --------------- M.E.S.RAJA RESIDENTIAL SCHOOL,PAVANGAD, REP. BY ITS SECRETARY MR.M.P.C.NAZIR,51 YRS,SON OF SHRI.M.P.C.ABOO,P.B.NO.2,CALICUT N.I.T.,CAMPUS-PO, KALANTHODU,KOZHIKODE DIST.,673601,(R/AT.ELAVANCHA- LIL(H),P.O.KODUVALLY,KOZHIKOD DISTRICT. BY ADV. SRI.TPM.IBRAHIM KHAN RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM-695 004. 2. THE ASST. ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, KATTANGAL, KOZHIKODE DISTRICT. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT, POWER DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE KERALA STATE ELECTRICITY REGULATORY COMMISSION, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1&2 SC FOR KSERC SMT. SREEDEVI KYLASANATH GOVERNMENT PLEADER SRI. K.C. SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No. 24663 OF 2009 ------------------------ Dated this the 26th day of August, 2009. JUDGMENT The issue raised in the writ petition is covered by the Division Bench judgment in WA No.1063/09 and connected cases rendered on 17th of August, 2009, the operative portion of the judgment reads as follows: For the various reasons stated as above, we declare that inclusion of Self Financing Educational Institutions under LT VII(A) as a commercial consumer is bad in law in so far as such differentiation is not for any of the grounds specified under Section 62(3) of the Act. Accordingly, we allow all the writ appeals and the writ petitions. They will be treated like falling under Tariff VI until any new notification is issued in accordance with law. All the Self Financing Educational Institutions were being paid at Tariff LT VI during the pendency of the writ petition. In the appeal, we made a slight modification in the interim order and directed them to pay off at the current rate. Sine we have allowed the appeal, the amount paid by the appellants will be adjusted as against the future dues and instead of adjusting the entire amount in one month we think it will be appropriate to direct that such excess amount be adjusted in four months' period so that one fourth of the excess amount be adjusted in every month until the same is wiped off. WP(c).No.24663/09 2 In view of the above, the writ petition is also disposed of directing that the petitioner herein will also be entitled to the benefit of the directions in the judgment of the Division Bench in WA No. 1063/09 and connected cases, the operative portion of which is extracted above. (ANTONY DOMINIC) JUDGE vi/