Judgment:
IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM FRIDAY,THE23D DAY OF MAY20142ND JYAISHTA, 1936 WP(C).No. 37287 of 2008 (L) ---------------------------- PETITIONER : -------------------------- FR.GEORGE NELLUVELIL, PRINCIPAL KOTTOOR TECHNICAL WELFARE ASSOCIATION ITC SREEKANDAPURAM.P.O., KANNUR DISTRICT. BY ADVS.SRI.V.C.JAMES SRI.GEORGE MECHERIL RESPONDENTS : ---------------------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT, POWER DEPARTMENT, SECRETARIAT THIRUVANAMNTHAPURAM.
2. THE KERALA STATEELECTRICITY BOARD, THIRUVANANTHAPURAM, REP.BY ITS SECRETARY3 THE KERALA STATEELEECTRICITY REGULATORY COMMISSION, THIRUVANANTHAPURAM REP.BY ITS SECRETARY.
4. EXECUTIVE ENGINEER, KSEB, SECTION OFFICE SREEKANDAPURAM, KANNUR. R1 BY GOVERNMENT PLEADER SRI.M.A.ABDUL SHUKOOR R2 TO R4 ADV.SRI.JAICE JACOB, SC, KSEB ADV.SRI.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2305-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 37287 of 2008 (L) APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE PERMANENT RECOGNITION GRANTED BY THE DIRECTOR OF TRAINING DEPARTMENT OF INDUSTRIAL TRAINING GOVT. OF KERALA EXT.P2 : TRUE COPY OF THE PERMANENT AFFILIATION GRANTED BY THE N.C.V.T. DATED0412.1985 EXT.P3 : TRUE COPY OF RECOMMENDATION OF THE STANDING COMMITTEE, SCVT. FOR PERMANENT AFFILIATION WITH N.C.V.T.ON1809.2008 EXT.P4 : TRUE COPY OF THE BILL ISSUED ON2511.2008 IN RESPECT OF CONSUMER NO.2367/0 EXT.P5 : TRUE COPY OF THE BILL DATED2511.2008 IN RESPECT OF CON.NO.2098/0 EXT.P6 : TRUE COPY OF THE BILL DATED2811.2008 IN RESPECT OF CONSUMER NO.34428/0 EXT.P7 : TRUE COPY OF THE COMMUNICATION DATED0912.2008 EXT.P8 : TRUE COPY OF THE BILLS IN THE LIGHT OF EXT.P7 ISSUED TO THE PETITIONER ON912.2008 EXT.P9 : TRUE COPY OF THE RELEVANT PAGES OF THE CIRCULAR ISSUED BY THE KSEB EXT.P10 : TRUE COPY OF THE INTERIM ORDER
DATED1703.2008 IN W.P(C) NO.9104/2008 EXT.P11 : TRUE COPY OF THE INTERIM ORDER
DATED2503.2008 IN WP(C)NO.9950/08 RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A TO JUDGE AV C.K. ABDUL REHIM, J.
------------------------------------ W.P.(C). No. 37287 of 2008 --------------------------------------------------- Dated this the 23rd day of May, 2014 JUDGMENT
Question involved is as to whether the private educational institutions are liable to be charged under LT VIIA tariff in distinction with other educational institutions which are charged under LT VIA tariff. The issue stands settled in favour of the petitioner as per a Division Bench decision of this court in Bro.Joseph Antony V. K.S.E.B. (2009 (3) KLT1022. It is pointed out that, Special Leave Petitions filed by the KSEB against the said decision is pending before the hon'ble Supreme Court and the operation of the judgment stands stayed.
2. Unless the legal position is reversed, this court is bound to follow the decision cited above, in view of the ruling of the Division Bench in Abdu Rehiman V. District Collector, Malappuram (2009 (4) KLT485.
3. Under the above mentioned circumstances, the petitioner cannot be held as liable for payment of electricity charges under LT VIIA. However, question W.P.(C). No. 37287 of 2008 -2- regarding liability for payment under the enhanced tariff will depend upon the ultimate outcome of the decision of the hon'ble Supreme Court. But in view of the stay granted by the hon'ble Supreme court, this court is not inclined to restrain the Board from charging the enhanced tariff. This is because of the fact that, if ultimately the hon'ble Supreme Court upholds the change of tariff, the respondents will be put to prejudice. On the other hand the petitioner can seek refund/adjustment if the decision is ultimately in favour of them. But it is only just and proper to restrain the respondent Board from recovering the arrears on the basis of the enhanced tariff, till the matter is ultimately decided by the hon'ble Supreme Court.
4. Under the above mentioned circumstances, this writ petition is disposed of by directing the respondents to keep in abeyance recovery of any arrears due to the difference in tariff till the matter is decided by the hon'ble Supreme court. However, it is made clear that the respondents will be free to charge the petitioner under LT W.P.(C). No. 37287 of 2008 -3- VIIA tariff with respect to the continued consumption of energy.
5. It is made clear that, payments if any made at the enhanced tariff will be provisional and is liable to be refunded or adjusted, in case the hon'ble Supreme Court upholds the judgment in Bro.Joseph Antony's case (cited supra). It is also made clear that respondents will be entitled to recover the enhanced tariff if the change of tariff is upheld by the hon'ble Supreme Court. Sd/- C.K. ABDUL REHIM, JUDGE /True copy/ P. A. to Judge Pn