LAWS(KER)-2009-4-55

SR. ANNIE Vs. KERALA STATE ELECTRICITY BOARD

Decided On April 06, 2009
Sr. Annie Appellant
V/S
KERALA STATE ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) Since common questions arise in these Writ Petitions, they are disposed of by a common Judgment.

(2.) All the petitioners are running Self Financing Educational Institutions. Some of them are affiliated to the CBSE, some are following the State Syllabus, yet others are Industrial Training Institutions. There are Colleges also. All the petitioners are aggrieved by the classification of 'Self Financing Educational Institutions' under LT VIIA tariff as commercial institutions. The classification has been done by the Kerala State Electricity Regulatory Commission with effect from 01/12/2007. Under this classification, Aided Private Educational Institutions and Government Schools are classified under LT VIA category, while Self Financing Educational Institutions / Hostels fall under LT VII A tariff.

(3.) I heard the learned counsel appearing on behalf of all the petitioners, led by Shri Kurian George Kannanthanam, (senior counsel), Shri Wilson Urmese, Shri Rajit, Shri Ashik K. Mohammed Ali, Shri Nagaresh, Shri Tom Jose P. and Shri M. A. Thomaskutty, Shri Gangesh, Shri T. P. M. Ibrahim Khan and Shri Paul K. George. The other counsel appearing for the petitioners have adopted the arguments. I also heard Shri K. P. Dandapani, learned senior counsel appearing on behalf of the Kerala State Electricity Regulatory Commission (hereinafter referred to as the Commission) and Shri C. K. Karunakaran, learned senior standing counsel appearing on behalf of the Kerala State Electricity Board (hereinafter referred to as the Board).