IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 WP(C).No. 25792 of 2009(T) -------------------------- PETITIONER(S): --------------- 1. SOBHANA ENGLISH MEDIUM HIGH SCHOOL, KUTHUKUZHY P.O.,KOTHAMANGALAM, REP.BY ITS MANAGER. 2. SOBHANA PUBLIC SCHOOL, KUTHUKUZHY P.O.,KOTHAMANGALAM, REP.BY ITS MANAGER. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP.BY ITS SECRETARY,VYDHYUTHI BHAVAN, PATTOM P.O.,THIRUVANANTHAPURAM-695 004. 2. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION NO.11, KOTHAMANGALAM,ERNAKULAM DISTRICT. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT, POWER DEPARTMENT,GOVERNMENT OF KERALA, SECRETARIAT,THIRUVANANTHAPURAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 & 2 SRI.K.S. MOHAMMED HASHIM, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25792 of 2009 APPENDIX Petitioners Exhibits: Ext.P1: True copy of the bill dt.14.12.2008 in respect of Sobhana Public School (Consumer No.11221) under tariff LT VI-A Ext.P2: True copy of the bill dt.16.01.2009 under tariff LT VII-A Ext.P3: True copy of the bill dt.11.02.2009 under tariff LT VII-A Ext.P4: True copy of the bill dt. 11.12.2008 in respect of Sobhana English Medium High School (Consumer No.8029) under Tariff LT VI-A Ext.P5: True copy of the bill dt.14.01.2009 under Tariff LT VII-A Ext.P6: True copy of the bill dt.11.02.2009 under Tariff LT VII-A Ext.P7: True copy of the bill dt.26.08.2009 in respect of Sobhana Public School(Consumer No.11221) for a sum of Rs.36441/- Ext.P8: True copy of the bill dt.26.08.2009 in respect of Sobhana English Medium School(Consumer NO.8029) for a sum of Rs.71926/- /True copy/ P.A. To Judge S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 25792 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of September, 2009 J U D G M E N T Petitioner is a private educational institution. They have been charged to electricity under LT.VII-A tariff. A Division Bench of this Court has in W.A.No.1063/2009 and connected cases held that Private educational institutions are liable to pay electricity charges only under LT VI A tariff. The petitioner therefore seeks a direction to the respondents 1 and 2 to adjust the excess amount paid by the petitioner in the future bills of the petitioner. The petitioner also seeks quashing of Exts.P7 and P8 bills for electricity charges under LT- VII A tariff. 2. I have heard the Standing Counsel appearing for the board also. 3. It is not disputed before me that the issue involved is covered by the Division Bench in W.A.No. 1063/2009 in which it has been held that private educational institutions are liable to pay electricity charges only under LT VI A and not W.P. (C) No. 25792 OF 2009 . : 2 : under LT VII A tariff. That being so, Exts. P7 and P8 bills are quashed. The second respondent shall issue fresh bills to the petitioner under LT VI A tariff. Excess amount already paid by the petitioner under LT VII A tariff shall be adjusted against the future bills of the petitioner. The writ petition is disposed of as above. ( S. SIRI JAGAN, JUDGE) jma