Disposed

Ewv.Sr.Molly Augustine v. the Kerala State Electricity Board

Kerala HC8 Jun 2016WP(C)/1834/2013

Case brief

AI extract

What is this about?

Petitioner challenging electricity tariff classification for an educational institution. Court held that while Supreme Court is seised of the pending matter, petitioner must pay bills as demanded but liability for final adjustments awaits Supreme Court's judgment.

What did the court decide?

Petition disposed of directing petitioner to pay bills as demanded, subject to Supreme Court's final decision on liability.

Ewv.Sr.Molly Augustine Vs the Kerala State Electricity… — Service and Employment | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶4

WEDNESDAY, THE 8TH DAY OF JUNE 2016/18TH JYAISHTA, 1938

¶5

WP(C).No. 1834 of 2013 (D)

¶6

PETITIONER :

¶7

REV. SR. MOLLY AUGUSTINE, SUPERIOR, MARY MOUNT CONVENT, KATTACHIRA.

¶8

BY ADV. SRI.CYRIAC MATHEW

¶9

RESPONDENT(S) :

¶10

1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY, VYDHUTHI BHVAN, PATTOM, THIRUVANANTHAPURAM, PIN – 695 001.

¶11

2. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, VAIKOM, PIN – 686 141.

¶12

3. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, ETTUMANNOOR PIN – 686 631.

¶13

4. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, ETUMANOOR PIN – 686 631.

¶14

R1 TO R4 BY ADV. SRI.JAICE JACOB, SC

¶15

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

¶17

...2/-

¶18

WP(C).No. 1834 of 2013 (D)

¶19

APPENDIX

¶20

PETITIONER(S) EXHIBITS :

¶21

EXHIBIT P1: TRUE COPY OF THE SHORT ASSESSMENT BILL DATED 31.12.2012 ISSUED TO CONSUMER NO.8584. EXHIBIT P1(a): TRUE COPY OF THE DEMAND NOTICE DATED 31.12.2012 ISSUED BY ASSISTANT ENGINEER ELECTRICAL SECTION, ETUMANNOOR. EXHIBIT P2: TRUE COPY OF THE ELECTRICITY BILL DTED 5.7.2012 ISSUED TO CONSUMER 8584. EXHIBIT P2(a): TRUE COPY OF THE ELECTRICITY BILL DATED 4.8.2012 ISSUED TO CONSUMER 8585. EXHIBIT P2(b): TRUE COPY OF THE ELECTRICITY BILL DATED 5.9.2012 ISSUED TO CONSUMER 8584. EXHIBIT P2(c): TRUE COPY OF THE ELECTIRICITY BILL DATED 5.10.2012 ISSUED TO CONSUMER NO.8584. EXHIBIT P2(d): TRUE COPY OF THE ELECTRICITY BILL DATED 5.11.2012 ISSUED TO CONSUMER NO.8584. EXHIBIT P2(e): TRUE COPY OF THE ELECTRICITY BILL DATED 15.12.2012 ISSUED TO CONSUMER NO.8584. EXHIBIT P3: TRUE COPY OF THE COMPLAINT GIVEN BY THE PETITIONER TO ASSISTANT EXECUTIVE ENGINEER DATED 12.8.2012. EXHIBIT P3(a): TRUE COPY OF THE COMPLAINT GIVEN BY THE PETITIONER TO ASSISTANT ENGINEER DATED 1.1.2013. EXHIBIT P3(b): TRUE COPY OF THE COMPLAINT GIVEN BY THE PETITIONER TO THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, VAIKOM DATED 4.1.2012.

¶22

RESPONDENTS' EXHIBITS : NIL

//TRUE COPY//

P.A. TO JUDGE

A.M.SHAFFIQUE, J.

¶27

------------------------------------ W.P.(C).No.1834 of 2013

¶28

Dated this the 8^th day of June, 2016

¶29

J U D G M E N T

¶30

The petitioner challenges the tariff under which bills are being raised. The petitioner is the Sister Superior of a Convent, which is a religious institution running an educational institution.

¶31

It is stated that the convent school was classified under category VI A for the purpose of tariff from the year 1997, which was shifted to category VI B. However, the same was converted to category VIII A. It is stated that the issue is pending consideration before the Supreme Court and in the meantime bills are being raised calling upon the petitioner to pay tariff at category VIII A.

¶32

Having regard to the fact that the issue is pending before the Apex Court, I do not think that there is any necessity to render a final decision in the matter as to whether the classification is correct or not. As matter stands now, all educational institutions are being billed at LT VII A tariff and presently at LT VI F tariff. Under such circumstances, the petitioner is liable to pay the amount as demanded by the Board. However, the said payment will be subject to the final adjudication by the Supreme Court in the connected matters. The liability to pay arrears and adjustments thereof will be subject to final decision of the Supreme Court in the pending matter. As the matter stands now, the petitioner is liable to pay the

¶33

W.P.(C).No.1834 of 2013

¶34

¶35

bills as demanded by the Board.

¶36

This writ petition is disposed of with the above observations.

¶37

Sd/-

¶38

A.M.SHAFFIQUE, JUDGE.

¶39

Ewv.Sr.Molly Augustine v. the Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

Ewv.Sr.Molly Augustine v. the Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dr.Joseph Issac Vs Bhanu Pratap Sharma

Josekutty Joseph Vs the State Bank of Travancore

M.I.George Vs Kannan Devan Hills Plantation Company Ltd.

Thomsons Specialty Packagings and Exports (India) Ltd. Vs State Bank of Travancore

Jagadeesh.P.K. Vs the Addl.District Magistrate

K.v.Janardhan Pai Vs Reserve Bank of India