Disposed

Sr.Rosebel, Principal, Assisi English Medium Hss, Kanjikode v. State of Kerala

Kerala HC8 Mar 2012WP(C)/4410/2012

Case brief

AI extract

What is this about?

In W.P.(C) No. 4410 of 2012, the court ruled that the petitioner must continue paying commercial tariff rates until the Supreme Court decides the related SLP, while staying arrears. The writ petition was disposed of accordingly.

What did the court decide?

Petoitioner directed to continue paying under LT VII tariff; arrears stayed till disposal of related SLP. Petition disposed of accordingly.

Sr.Rosebel, Principal, Assisi English Medium… — Pension and Retirement Benefits | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE B.P.RAY

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THURSDAY, THE 8TH DAY OF MARCH 2012/18TH PHALGUNA 1933

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WP(C).No. 4410 of 2012 (A)

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PETITIONER:

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SR.ROSEBEL, PRINCIPAL, ASSISI ENGLISH MEDIUM HSS, KANJIKODE KANJIKODE-678 621

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BY ADVS.SRI.K.B.GANGESH

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SMT.SMITHA CHATHANARAMBATH

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RESPONDENTS:

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STATE OF KERALA

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REP.BY THE SECRETARY TO GOVERNMENT

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POWER DEPARTMENT ,

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THIRUVANANTHAPURAM-695 001

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THE KERALA STATE ELECATRICITY BOARD,

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REP.BY ITS CHAIRMAN, VYDHUTHI BHAVAN, PATTOM

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THIRUVANANTHAPURAM-695 004

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THE ASSISTANT ENGINEER,

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KSEB,ELECTRICAL SECTION, KANJIKODE-678 621

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RR2-R3 BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD BY SRI. P.V. ELIAS, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4410 of 2012 (A)

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: 2 :

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APPENDIX

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PETITIONER'S EXHIBITS :

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EXT.P1:TRUE COPY OF ARREAR BILL DTD 16/2/2012 ISSUED BY THE 3RD RESPONDENT IN RESPECT OF CONSUMER NO 11891

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EXT.P2:TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT IN WPC NO 15777/2011 DTD 13/6/2011

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EXT.P3:TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT IN WPC NO 15777/2011 DTD 6/2/2012.

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RESPONDENTS' EXHIBITS : NIL

//True Copy//

P.A. to Judge.

B.P. RAY, J.

- - - - - - - - - - - - - - - - - W.P.(C) No.4410 of 2012

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- - - - - - - - - - - - - - - - Dated this the 8^th day of March, 2012.

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JUDGMENT

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Heard the learned counsel for the petitioner and the learned Standing Counsel for KSEB .

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2. The petitioner has filed this writ petition with the following prayers:

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a writ of certiorari or any other appropriate writ order or direction to quash the demand made under Ext.P1 bill issued by the 3^rd respondent.

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a writ of Mandamus or any other appropriate writ, order or direction commanding the respondents not to insist the petitioner's institution to pay difference in electricity tariff under LT VII A for consumer No. 11891 with effect from 01.01.2008 till a final decision is taken by the Hon'ble Supreme Court in the matter.

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The learned counsel for the petitioner submits that, petitioner, being an educational institution, cannot be assessed under LT VII, which issue is covered by the Division Bench of this Court. The learned Standing Counsel submits that the judgment under which the petitioner relies has been stayed by the Hon'ble Apex Court and the Hon'ble Apex Court passed the following order:

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W.P.(C) No. 4410/2012

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-:2:-

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“Delay condoned. Leave granted. Issue notice on the prayer for interim relief. Reply, if any, be filed within six weeks. In the meanwhile, operation of the impugned judgment of the Division Bench of the High Court shall remain stayed.”.

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In that view of the matter, I direct that the petitioner shall continue to pay under LT VII tariff category, i.e., at commercial rate, till disposal of the aforementioned SLP and the arrears, if any, shall remain stayed till disposal of the aforementioned civil appeal. If the aforementioned SLP is dismissed, the petitioner shall claim refund flowing from the order of the Apex Court.

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Writ Petition is disposed of accordingly.

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sd/- B.P. RAY, JUDGE.

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W.P.(C) No. 4410/2012

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-:3:-

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B.P. RAY, J.

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O.P.No. 13887 of 2002

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Dated this the 17^th day of February, 2012.

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JUDGMENT

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W.P.(C) No. 4410/2012 -:4:-

Sr.Rosebel, Principal, Assisi English Medium Hss, Kanjikode v. State of Kerala

Case brief

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Sr.Rosebel, Principal, Assisi English Medium Hss, Kanjikode v. State of Kerala

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