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. 26914 of 2009(H) ------------------------------------- PETITIONER(S): ---------------------- THE SECRETARY, M.E.S. COLLEGE, SOCSAMS, MARAMPALLY.P.O., ALUVA-683107. BY ADV. SRI.WILSON URMESE RESPONDENT(S): ------------------------ 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY VYDHUTHI BHAVAN, PATTOM.P.O.,THIRUVANANTHPURAM-695004. 2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, K.S.E.B., VAZHAKULAM (MUDICKAL.P.O.) 3. THE KERALA STATE ELECTRICITY REGULATORY COMMISIO0N, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. BY ADVS. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1,2 SMT. SREEDEVI KYLASANATH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... W.P(C) No. 26914 of 2009 ................................................. Dated this the 24th day of September, 2009 J U D G M E N T The petitioner is running a private educational institution. The petitioner already has got an electricity connection. The petitioner has applied for a fresh connection. The petitioner has been directed to deposit security deposit and other charges. According to the petitioner, the petitioner has been directed to deposit amounts as applicable to LT VII A tariff. The petitioner contends that a Division Bench of this court in W.A. No. 1063 of 2009 and connected cases has held that private educational institutions are entitled to be classified under LT VI A tariff and not under LT VII A tariff. The petitioner, therefore, seeks the following reliefs: “i) Call for the records leading to Ext.P2 and quash that part of the Tariff Order classifying self- financing educational institutions under LT VII A tariff; ii) Issue a Writ of Certiorari quashing Ext.P3 and subsequent bills issued in LT VIIA, and also Ext.P6 directing to deposit security amount and other charges for fresh connection in LT VII A commercial rate; iii) Declare that the tariff order formulated by the KSERC as per Ext.P2 to the extent it classifies W.P(C) No. 26914 of 2009 -2- educational institutions into Government, Aided private educational institutions (under LT VI A) and self- financing educational institutions (under LT VII A commercial) for the purpose of charging electricity is illegal and violative of Sec.62(3) of the Electricity Act, 2003; iv) Declare that the petitioner's institution, affiliated to the Mahatma Gandhi University, Kottayam is not liable to be billed under LT VII A commercial tariff and that the tariff applicable to petitioner's institution is LT VI A; v) Direct the respondents to refund the excess amount collected by way of Ext.P3 and subsequent bills in LT VII A tariff to the petitioner or to adjust it in future bills;” 2. I have heard the learned Standing Counsel appearing for the KSEB also. 3. The learned counsel for the KSEB does not dispute the fact that as per the Division Bench decision private educational institutions are liable to be classified only under LT VI A tariff. Therefore the petitioner is liable to pay charges for additional connection only as applicable to LT VI A tariff. It is declared so. The 2nd respondent shall issue fresh demand in respect of the amounts payable by the petitioner as applicable to LT VI A tariff. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE rhs