Disposed

Vimal Jyothi Engineering College v. K.S.E.B

Kerala HC12 Feb 2013WP(C)/11490/2008

Case brief

AI extract

What is this about?

The petitioner, a self-financing engineering college, challenged a revised electricity tariff imposing HT IV commercial rates. The bench stayed recovery of arrears pending finalization of related apex court proceedings, directing the petitioner to pay HT IV bills while the higher court decides.

What did the court decide?

Stay on recovery of arrears subject to petitioner paying HT IV tariff bills till apex court finalizes proceedings.

Vimal Jyothi Engineering College Vs K.S.E.B — Service and Employment | Kerala HC (2013)

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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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TUESDAY, THE 12TH DAY OF FEBRUARY 2013/23RD MAGHA 1934

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WP(C).No. 11490 of 2008 (P)

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PETITIONER:

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VIMAL JYOTHI ENGINEERING COLLEGE, REPRESENTED BY MANAGER, JYOTHI MANAGER, CHEMPERI, KANNUR.

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BY SRI.KURIAN GEORGE KANNAMTHANAM, SENIOR ADVOCATE, ADV. SRI.TONY GEORGE KANNANTHANAM.

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RESPONDENTS:

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1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM P.O., TRIVANDRUM.

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2. THE PRINCIPAL SECRETARY TO GOVERNMENT, POWER DEPARTMENT, GOVT. OF KERALA, SECRETARIAT, TRIVANDRUM.

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3. KERALA STATE ELECTRICITY REGULATORY COMMISSION, REPRESENTED BY ITS SECRETARY, TRIVANDRUM.

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4. OFFICE OF THE SPECIAL OFFICER (REVENUE), VYDHYUTHI BHAVANAM, PATTOM PALACE, TRIVANDRUM.

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R1 BY SRI. SHANTHALINGAM, SR. S.C. R3 BY SRI. T.K. KUNHABDULLA, S.C.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Prv.

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W.P.(C). NO.11490/2008-P:

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P.1:	COPY OF THE NOTIFICATION DTD. 20/04/2007 ISSUED FROM THE R.3.
EXT.P.2:	COPY OF THE RELEVANT PORTION OF FACE PAGE, 5,6,14 & 15 OF SCHEDULE OF TARIFF AND TERMS AND CONDITIONS FOR RETAIL SUPPLY BY K.S.E.B WITH EFFECT FROM 1-12-2007.

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RESPONDENTS' EXHIBITS:

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EXT.R3.A:	PAPER PUBLICATIONS.
EXT.R3.B:	LETTER DTD. 24/04/2007 OF RESPONDNET NO.3 TO THE DIRECTOR OF PUBLIC RELATIONS.
EXT.R3.C:	DRAFT TARIFF ISSUED BY RESPONDENT NO.3.
EXT.R3.D:	PRESS RELEASE DTD. 23/04/2007 ARRANGED THROUGH THE DIRECTOR, PUBLIC RELATIONS.
EXT.R3.E:	PRESS RELEASE DTD. 08/05/2007 ARRANGED THROUGH THE DIRECTOR, PUBLIC RELATIONS.
EXT.R3.F:	COPY OF THE MINUTES OF THE STATE ADVISORY COMMITTEE HELD ON 15/05/2007.
EXT.R3.G:	GAZETTE NOTIFICATION DTD. 31/10/2006 REGARDING THE NOTIFICATION OF THE CONSTITUTION OF THE STATE ADVISORY COMMITTEE.
EXT.R3.H:	COPY OF THE LIST OF PERSONS ATTENDED IN THE PUBLIC HEARING HELD ON 17/05/2007.

//TRUE COPY//

P.A. TO JUDGE

Prv.

B.P.RAY, J.

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W.P.(C)No.11490 OF 2008

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Dated this the 12^th day of February, 2013

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JUDGMENT

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Petitioner, the Manager of a Self Financing Engineering College, is aggrieved by the revised electricity tariff by which self financing educational institutes have been made liable to pay electricity bills with effect from 1-12-2007 at commercial tariff HT IV. This writ petition is filed with the following prayers:

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(a) to quash the impugned Ext.P2 tariff dated 27-11-2007 to the extent it demands HT IV tariff from Self Financing Educational Institute.

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(b) To declare that petitioner is liable to pay only HT II tariff for the electricity connection with Consumer Code 29/4341.

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(c) To declare the impugned Ext.P2 tariff as illegal, arbitrary and discriminatory to the extent it demands HT IV tariff from petitioner’s self financing educational institute.

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(d) To issue a writ of certiorari or other appropriate order or direction quashing Ext.P2 tariff to the extent it demands HT IV tariff from self financing educational institutes.

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(e) To direct respondents 1 and 4 to adjust the excess amounts collected from petitioner with effect from 1-12-2007 as per the impugned revised tariff in future bills.

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Heard both sides and perused the materials available on record.

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It is submitted at bar that the issued involved in this case is pending

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W.P.(C)No.11490 OF 2008

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:: Page numbers ::

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consideration before the apex court.

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In the facts and circumstances of the case, there will be a stay with regard to the recovery of arrears as per Ext.P2 subject to condition that the petitioner satisfies the bills under HT IV tariff till the finalisation of the proceedings pending before the apex court.

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Writ petition is disposed of with the aforesaid direction.

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B.P.RAY, JUDGE

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jes

Vimal Jyothi Engineering College v. K.S.E.B

Case brief

What is this about?

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Vimal Jyothi Engineering College v. K.S.E.B

Case brief

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