High Court of KeralaWP(C)/5258/2013disposed of

Rector, Don Bosco School, Irinjalakuda v. State Of Kerala

2015-01-06Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 19361 WP(C).No. 5258 of 2013 (F) ----------------------------------- PETITIONER:

-------------------------- RECTOR, DON BOSCO SCHOOL, IRINJALAKUDA BY ADVS.SRI.K.B.GANGESH SMT.SMITHA CHATHANARAMBATH RESPONDENTS:

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1. STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, POWER DEPARTMENT THIRUVANANTHAPURAM-695001.

2. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS CHAIRMAN, VYDUTHI BHAVAN, PATTOM THIRUVANANTHAPURAM-695001.

3. THE ASSISTANT ENGINEER KSEB, ELECTRICAL SECTION NO. II, IRINJALAKUDA-680121. R1 BY GOVERNMENT PLEADER SRI. T. R. RAJESH R2 & R3 BY SRI.JAICE JACOB, SC, KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 5258 of 2013 (F) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE DEMAND FOR ARREARS IN RESPECT OF CONSUMER NO. 1746 OF THE PETITIONER'S SCHOOL MADE BY THE 3RD RESPONDENT DATED 13.02.2013 P2 :

COPY DEMAND FOR ARREARS IN RESPECT OF CONSUMER NO. 3995 OF THE PETITIONER'S SCHOOL MADE BY THE 3RD RESPONDENT DATED 13.02.2013 P3 :

COPY DEMAND FOR ARREARS IN RESPECT OF CONSUMER NO. 8963 OF THE PETITIONER'S SCHOOL MADE BY THE 3RD RESPONDENT DATED 13.02.2013 P4 :

COPY OF INTERIM ORDER OF THIS HON'BLE COURT IN WRIT PETITION (CIVIL) NO. 263/2013 DATED 03.01.2013 RESPONDENT(S)' EXHIBITS:- --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 5258 OF 2013 ---------------------------------------- Dated this the 06th day of January, 2015

JUDGMENT

The short question is as to whether a private educational institution is liable to be charged under LT VIA Tariff or LT VIIA Tariff. The issue is pending consideration before the Supreme Court in the appeal from Bro. Joseph Antony v. KSEB [2009 (3) KLT 1022]. I find that similar writ petitions have been disposed of permitting the respondents to charge the private educational institutions under LT VIIA Tariff. But the arrears of electricity charges on the basis of LT VIIA Tariff shall not be collected. The same can be done only dependent on the decision of the Supreme Court on the issue as held in W.P.(C).No. 30323/2012.

The writ petition is disposed of accordingly. V. CHITAMBARESH JUDGE