IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 30890 of 2009(E) -------------------------- PETITIONER(S): --------------- THE AL-AZHAR CENTRAL SCHOOLM MALA IN THRISSUR DT. 680 782 REP BY ITS MANAGER MR. P.M. ALI, AGED 70 YEARS, S/O. LATE SHRI. P.B. MAKKAR RESIDING AT 'PICHATHARA HOUSE', P.O. KONATHUKUNNU, THISSUR DT. BY ADV. SRI.TPM.IBRAHIM KHAN SRI.K.M.ABDUL MAJEED RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDHYUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM 695 004. 2. THE AST. ENGINEER, K.S.E.B., ELECTRICAL SECTION, MALA, THRISSUR DT. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT, POWER DEPARTMENT, GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE KERALA STATE ELECTRICITY RETGULATORY COMMISSION, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1&2 GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR. ADV. SMT. SREEDEVI KYLASANATH, S.C. SRI. N. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 30890 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 9th November, 2009. J U D G M E N T The petitioner is a private educational institution. They have two electricity connections. Their grievance in this writ petition is that they are being charged to electricity at the rate applicable to LT VIIA tariff although they are liable to pay electricity charges only under LT VIA tariff. The petitioner submits that a Division Bench of this Court has in Bro. Joseph Antony v. Kerala State Electricity Board, 2009(3) KLT 1022 held that private educational institutions are liable to pay electricity charges only under LT VIA tariff. The petitioner therefore challenges Exts. P4 to P11 and P13 to P22 bills issued to the petitioner demanding electricity charges under LT VIIA tariff and seeks a direction to the respondents to permit the petitioner to pay electricity charge under LT VIA tariff. 2. I have heard the learned standing counsel for the Kerala State Electricity Board also. He does not dispute the fact that going by the ratio of the decision referred to above, the petitioner is liable to pay electricity charges only under LT VIA tariff. That being so, the petitioner is entitled to succeed in this writ petition. 3. Accordingly, the impugned demands are quashed and it is declared that the petitioner is liable to pay electricity charges only under LT VIA tariff. If any amounts have been paid by the petitioner in excess of charges under LT VIA tariff, the same shall be adjusted against the future bills of the petitioner. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.