Kerala High Court
Bro. Joseph Ancheril Cst vs Kerala State Electricity Board on 13 November, 2009
Author: S.Siri Jagan
Bench: S.Siri Jagan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12433 of 2008(E)
1. BRO. JOSEPH ANCHERIL CST,
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. THE ASSISTANT ENGINEER,
3. THE PRINCIPAL SECRETARY TO GOVERNMENT,
4. THE KERALA STATE ELECTRICITY REGULATORY
For Petitioner :SRI.WILSON URMESE
For Respondent :SRI.P.P.THAJUDEEN, SC, K.S.E.B
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :13/11/2009
O R D E R
S.SIRI JAGAN, J.
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W.P(C).Nos.12433 & 12569 of 2008
==================
Dated this the 13th day of November, 2009
J U D G M E N T
In these two writ petitions, the petitioners are private educational institutions. They are aggrieved by the action of the Kerala State Electricity Board in demanding electricity charges under LT-VIIA tariff. According to the petitioners, the petitioners are liable to pay electricity charges under LT-VIA tariff. They also rely on the decision of the Division Bench of this Court in Bro.Joseph Antony v. Kerala State Electricity Board [2009 (3) KLT 1022],
2. I have heard the learned Standing Counsel appearing for the KSEB also. He does not dispute the fact that the issue is covered by the said Division Bench decision.
3. Accordingly, these writ petitions are disposed of with the following directions:
It is declared that the petitioners are liable to pay electricity charges only under LT-VIA tariff and not under LT-VIIA tariff. If the petitioners have paid electricity charges under LT-VIIA tariff, the excess amounts paid by them shall be adjusted against the future bills. The petitioners shall be allowed to continue to pay electricity charges under LT-VIA tariff. Demands impugned in these writ petitions under LT-VIIA tariff are hereby quashed.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
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