High Court of KeralaWP(C)/34457/2011disposed of

Bharatiya Vidya Bhavan 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. 34457 of 2011 (F) --------------------------------- PETITIONER:

-------------------------- BHARATIYA VIDYA BHAVAN, TRICHUR KENDRA, THIRUVAMBADI BUILDING, ROUND WEST TRICHUR- 680 001.

REPRESENTED BY ITS SECRETARY - K.S. UNNI BY ADVS.SRI.V.V.ASOKAN SRI.R.JAIKRISHNA RESPONDENTS:

----------------------------

1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF POWER, SECRETARIAT THIRUVANANTHAPURAM- 695 001.

2. THE STATE ELECTRICITY REGULATORY COMMISSION, REPRESENTED BY THE SECRETARY THIRUVANANTHAPURAM- 695 001.

3. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY, VAIDHYUTHI BHAVAN, PATTOM THIRUVANANTHAPURAM- 695 001.

4. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD NADATHARA, TRICHUR- 680 001.

R1 BY GOVERNMENT PLEADER SRI. P. FAZIL R2 TO R4 BY ADV. SRI.T.R.RAJAN, SC, K.S.E.B. SRI.K.M.SATHYANATHA MENON, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 34457 of 2011 (F) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 : TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 4TH RESPONDENT. RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 34457 OF 2011 ---------------------------------------- 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