IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 WA.No. 1971 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.8061/2009 Dated 06/04/2009 .................... APPELLANT(S): PETITIONER ------------------------------------ M.E.S.COLLEGE OF ENGINEERING CAMPUS SENIOR SECONDARY SCHOOL, SITUATED AT KUTTIPPURAM, THRIKKANAPURAM-PO, MALAPPURAM DIST-679 573 REP.BY ITS SECRETARY K.P.KUNHAHAMMED HAJI, AGED 74 YEARS, S/O.LATE CHEKUTTY HAJI(RESIDING AT "SURAT" MANZIL, SOUTH BAZAR, KUTTIPPURAM.PO,MALAPPURAM DIS BY ADV. SRI.TPM.IBRAHIM KHAN RESPONDENT(S): RESPONDENT IN THE WPC. ------------------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP.BY ITS SECRETARY, VYDHYUTHI BHAVAN,PATTOM PO, THIRUVANATNHAPURAM- 695 004. 2. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD,ELECTRICAL SECTION, EDAPPAL, MALAPPURAM DIST. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT, POWER DEPARTMENT,GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM 4. THE KERALA STATE ELECTRICITY REGULARTORY COMMISSION, REP.BY ITS SECRETARY, THIRUVANANTHAPU RAM. STANDING COUNSEL SRI.P.NANDAKUMAR FOR KSERC THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. ............................................................................... W.A.No. 1971 OF 2009 ......................................................................... Dated this the 5th November, 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.8061 of 2009. 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 the grounds specified under Section 62(3) of the Act. Accordingly, we allow all the Writ W.A.No. 1971 OF 2009 2 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