IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 WP(C).No. 27712 of 2010(L) --------------------------------------- PETITIONER: ------------------- K.N.GOPALAN NAIR,PRINCIPAL,SCIENCE ACADEMY,BANERJEE ROAD,ERNAKULAM-682 018, (CONSUMER NO:8506-6). BY ADV. SRI.R.SUDHIR. RESPONDENTS: ------------------------ 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY,VYDYUTHI BHAVAN, PATTOM,THIRUVANANTHAPURAM. 2. THE ASSISTANT ENGINEER, K.S.E.B, ELECTRICAL SECTION,ERNAKULAM CENTRAL. R1 & R2 BY SRI. P.P. THAJUDEEN, S.C, KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.27712 of 2010 ---------------------------------------- Dated 20th September, 2010 JUDGMENT The institution belonging to the petitioner viz., Science Academy is being treated as a self financing institution for the purpose of charging for the electrical consumption by the first respondent. The College has been billed for consumption of electrical energy by the second respondent under LT VI-A tariff. Subsequently, the tariff was changed from LT VI-A to LT VII-A. The challenge in this writ petition is against the said action on the part of the respondents. 2. The learned standing counsel appearing for the respondents brought to my attention an order passed by this Court in W.A.Nos.650 & 660 of 2010. Obviously, the order changing the tariff was not eventually, stayed by this Court and while admitting the writ appeals the pendency of the issue relating the said subject before the Hon'ble Apex Court was taken into account. Accordingly, it was ordered `Therefore, while admitting the Writ Appeals we make it clear that the appellants are liable to continue payment of charges under LT VIIA tariff subject to final outcome of the issue pending before the Hon'ble Supreme Court'. In the light of the aforesaid view taken by the Division Bench, this writ petition is disposed of with the following directions: WP(C).No.27712/2010 2 At present, the petitioner shall continue to pay the charges under LT VII-A tariff for consumption of the electrical energy in respect of the aforesaid financial institution. However, it is made clear that this will be subject to the final outcome of the issue which is now pending before the Hon'ble Apex Court on the subject. It will be open to the petitioner to resort to appropriate proceedings before appropriate authorities for refund/adjustment of the excess amount, if any, based on the final outcome of the issue which is now pending before the Hon'ble Apex Court and referred to in the order in W.A.Nos.650 & 660 of 2010. C.T.RAVIKUMAR Judge TKS