IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(C).No. 31583 of 2009(P) -------------------------- PETITIONER(S): ROYAL COLLEGE OF ENGINEERING & TECHNOLOGY, REPRESENTED BY ITS GENERAL SECRETARY, K.M.HYDERALI AKKIKAVU, TRICHUR. BY ADV. Mr.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE Mr.TONY GEORGE KANNANTHANAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY TO GOVT. , POWER DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY SECRETARY, VYDYUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM. 3. THE SPECIAL OFFICER, REVENUE, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR. DILIP MOHAN ADV.MR.P.P.THAJUDEEN, SC, K.S.E.B FOR R 2 & 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No. 31583 of 2009 ================== Dated this the 6th day of November, 2009 J U D G M E N T The petitioner is a private educational institution. They have an electricity connection. Their grievance in this Writ Petition is that they have been issued with electricity bills under tariff HT IV although they are liable to pay electricity charges only under HT II tariff. According to the petitioner, in view of the decision of this court in Bro. Joseph Antony Vs. Kerala State Electricity Board 2009(3)KLT 1022, the petitioner is not liable to pay electricity charges under HT IV tariff, but only under HT II tariff. 2. I have heard the standing counsel for the K.S.E.B also. He does not dispute the fact that as per the above decision of this court, the petitioner is liable to pay electricity charges only under HT II tariff. That being so, the petitioner cannot be directed to pay electricity charges under HT IV as done in Ext.P1. Accordingly Ext.P1 is quashed. It is declared that, for future also unless the appropriate authority changes the tariff applicable the petitioner, the petitioner is liable to 2 pay electricity charges only under HT II tariff. Any amounts paid in excess by the petitioner shall be adjusted against future bills of the petitioner. Revised bills shall be issued in this regard as expeditiously as possible at any rate within one month from the date of receipt of the copy of this judgment. S.SIRI JAGAN, JUDGE nl