IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 WA.No. 2379 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.15167/2008 Dated 06/04/2009 .................... APPELLANT(S): (PETITIONER IN THE WRIT PETITION CIVIL) ----------------------------------------------------- BHARATH VIDYA MANDIR SENIOR SECONDARY SCHOOL, VALAPPAD, REPRESENTED BY ITS MANAGER SHRI.AJITH PRASAD.A., AGED 42 YEARS, S/O.C.BALAN NAIR, VALAPPAD, THRISSUR DISTRICT 680 567, (RESIDING AT AMBUJA BHAVAN, NATTIKA., (THRISSUR) (CONSUMER NO.669 OF ELECTRICAL SECTION) BY ADV. SRI.TPM.IBRAHIM KHAN RESPONDENT(S): (RESPONDENT IN THE WRIT PETITION CIVIL) ------------------------------------------------------ 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004. 2. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTICAL SECTION, VALAPPAD, THRISSUR DISTRICT. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT, POWERDEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT,THIRUVANANTHAPURAM. 4. THE KERALA STATE ELECTRICITY REGULATORY COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.LAKSHMI NARAYAN R THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 30/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. ............................................................................... W.A.No. 2379 OF 2009 ......................................................................... Dated this the 30th October, 2009 J U D G M E N T P.R. Raman, J: This appeal is filed against the judgment dated 06.04.2009, in W.P.(C) No. 15167 of 2008. The matter pertains to classification of educational institutions under LT VII A commercial tariff. This Court has disposed of the connected cases, as per common judgment dated 17.08.2009, in W.A.No. 1064 of 2009 and connected cases, in the following lines: “xx xx xx xx xx xx xx 22. 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 W.A.No. 2379 OF 2009 2 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”. In the light of the above judgment, extending the benefit of the judgment in W.A.No. 1064 of 2009 and connected cases to the appellant herein, who is similarly placed, this Writ Appeal is disposed of. P.R. RAMAN, JUDGE P.R. RAMACHANDRA MENON, JUDGE. lk