Kerala High Court
Bro.Joseph M.Joseph vs Kerala State Electiricity Board on 29 September, 2009
Bench: P.R.Raman, P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2023 of 2009()
1. BRO.JOSEPH M.JOSEPH,
... Petitioner
2. FR.JOSEPH OONUPALATHINKAL,
Vs
1. KERALA STATE ELECTIRICITY BOARD,
... Respondent
2. THE ASSISTANT ENGINEER,
3. THE ASSISTANT ENGINEER,
4. THE PRINCIPAL SECRETARY TO GOVERNMENT,
5. THE KERALA STATE ELECTRICITY REGULATORY
For Petitioner :SRI.WILSON URMESE
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :29/09/2009
O R D E R
P.R.RAMAN & P.R.RAMACHANDRA MENON
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W.A.No. 2023 OF 2009
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Dated this the 29th September, 2009
J U D G M E N T
Raman, J.
This appeal is filed against the common judgment, dated 6.4.2009, in W.P.(C) No.6016 of 2008. 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 17.8.2009, in W.A.No.1064 of 2009 and connected cases, in the following lines.
"x x x x
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 appeals and the writ petitions. They will be treated like falling WA No.2023 of 2009 2 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 appellants herein, who are similarly placed, this writ appeal is disposed of.
P.R.RAMAN, JUDGE P.R.RAMACHANDRA MENON, JUDGE.
nj.