IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 WP(C).No. 29873 of 2009(D) -------------------------- PETITIONER(S): --------------- RAPHEL KANNANAIKAL, AGED 66, S/O.CHACHO K.L, FATHER SUPERIOR, CARMEL SCHOOL, SHORNNUR. BY ADVS. MR.V.P.NARAYANAN SMT.C.K.SHERIN RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REP.BY ITS SECRETARY. 2. DEPUTY CHEIF ENGINEER, TARIFF REGULATORY CELL, VAIDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KSEB, SHORNNUR. 4. KERALA STATE ELECTRICITY REGULATORY COMMISSION, REP.BY SECRETARY THIRUVANANTHAPURAM. BY ADVS. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 TO 3 SMT. SREEDEVI KYLASANATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... W.P(C) No. 29873 of 2009 ................................................. Dated this the 30th day of October, 2009 J U D G M E N T The petitioner is running a Pvt. Educational institution. That institution has got an electricity connection. The petitioner is aggrieved by the demand raised by the respondents for electricity charges under Tariff LT VII A. According to the petitioner, petitioner is liable to pay electricity charges only under Tariff LT VI A. The petitioner therefore seeks the following reliefs: “a) call for the records connected with the case. b) to issue a writ of mandamus or other appropriate writ order or direction, directing the respondents to issue electricity bills of the petitioner under tariff LT 6A as per law; c) declare that collection of electricity bills from the petitioner under LT 7A is illegal and arbitrary; d) direct the respondents 2 & 3 to revise Ext.P2 and P4 electricity bills under LT 6A Tariff and allow the refund of the excess amount collected from the petitioner; e) direct the 2nd respondent to dispose of the Ext.P6 representation expeditiously;” 2. I have heard the learned Standing Counsel appearing for the electricity board also. He does not dispute the fact that the issue involved is covered by the decision of the Division Bench of W.P(C) No. 29873 of 2009 -2- this court in Bro. Joseph Antony v. Kerala State Electricity Board [2009 (3) KLT 1022] wherein the Division Bench of this court has held that private Educational institutions are liable to pay electricity charges only under Tariff LT VI A and not under LT VII A. 3. In the above circumstances, the impugned bills are quashed and the competent among the respondents, is directed to issue revised bills to the petitioner, under Tariff LT VI A. Excess amount by the petitioner shall be adjusted against the future bills of the petitioner. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE rhs