Disposed

Manager, Santhigiri College of Computer v. Kerala State Electricity Board & Others

Kerala HC24 Jan 2019WA/650/2010

Case brief

AI extract

What is this about?

This joint judgment dismissed two writ appeals by self-financing educational institutions challenging their liability to pay commercial electricity tariffs. The court held no need for further Supreme Court litigation as a Division Bench directed suspension of arrears recovery until the Supreme Court decides the pending batch of SLPs.

What did the court decide?

Writ appeals disposed of in the same manner as W.A. No. 660/2010; no dismissal as such; matter left pending for Supreme Court outcome. Reversed previous liability directives pending SC decision.

Manager, Santhigiri College of Computer Vs Kerala… — Service and Employment | Kerala HC (2019)

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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 K.VINOD CHANDRAN

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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THURSDAY ,THE 24TH DAY OF JANUARY 2019 / 4TH MAGHA, 1940

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WA.No. 650 of 2010

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AGAINST THE ORDER/JUDGMENT IN WPC 36292/2008 of HIGH COURT OF KERALA DATED 06-04-2009

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APPELLANT/S:

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MANAGER, SANTHIGIRI COLLEGE OF COMPUTER SCIENCES,, VAZHITHALA.P.O, THODUPUZHA, IDUKKI DISTRICT.

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BY ADV. SRI.WILSON URMESE

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RESPONDENT/S:

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1 KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM.P.O, THIRUVANANTHAPURAM - 695 004.

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2 THE ASSISTANT ENGINEER, ELECTRICAL SECTION-I, KSEB, THODUPUZHA. 3 THE PRINCIPAL SECRETARY TO GOVERNMENT, POWER DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 4 THE KERALA STATE ELECTRICITY REGULATORY COMMISSON, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. BY ADVS. SRI. RENIL ANTO, SR.G.P. SRI.SUDHEER GANESH KUMAR, SC, K.S.E.BOARD

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 24.01.2019, ALONG WITH WA.1311/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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W.A.Nos.650 & 1311 of 2010

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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 K.VINOD CHANDRAN

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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THURSDAY ,THE 24TH DAY OF JANUARY 2019 / 4TH MAGHA, 1940

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WA.No. 1311 of 2010

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AGAINST THE ORDER/JUDGMENT IN WPC 15870/2010 of HIGH COURT OF KERALA DATED 01-07-2010

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APPELLANT/S:

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THE DIRECTOR, LOURDES MATHA COLLEGE OF SCIENCE & TECHNOLOGY, LOURDES HILLS, KUTTICHAL P.O., KATTAKKADA, THIRUVANANTHAPURAM.

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BY ADV. SRI.KURIAN GEORGE KANNANTHANAM (SR.) SRI.TONY GEORGE KANNANTHANAM

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RESPONDENT/S:

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

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2 OFFICE OF THE SPECIAL OFFICER (REVENUE), VYDYUTHI BHAVANAM, PATTAM PALACE P.O., THIRUVANANTHAPURAM.

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BY ADVS.

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SRI.P.SANTHALINGAM (SR.) SRI.S.SHARAN, SC, K.S.E.BOARD SRI.SUDHEER GANESH KUMAR, SC, K.S.E.BOARD SRI RENIL ANTO, SR. GP

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OTHER PRESENT:

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 24.01.2019, ALONG WITH WA.650/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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W.A.Nos.650 & 1311 of 2010

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JUDGMENT

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[WA 650/2010, WA.1311/2010]

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Vinod Chandran, J.

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The issue raised in both the Writ Appeals is as to the liability of self-financing educational

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institutions to pay commercial tariff as prescribed by the Electricity Regulatory Commission. The challenge against the said liability was negatived by the learned Single Judge by judgment dated 06.04.2009 in a batch of Writ Petitions, W.P.(C) No.36292/2008 and connected cases. W.A.No.650/2010 is an appeal from that judgment. Later, there were other Writ Petitions also filed, in which interim orders were granted by this Court. Later, a Division Bench of this Court reversed the judgment of the learned Single Judge by judgment dated 17.08.2009 in W.A.No.1063/2009 and connected appeals, reported in 2009 (3) KLT 1022, Bro.Joseph

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Antony v. KSEB .

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W.A.Nos.650 & 1311 of 2010

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The aforesaid judgment of the Division Bench

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was taken up in S.L.P. before the Hon'ble Supreme Court by the Electricity Board. One of which is admitted as S.L.P.(C) No.30968/2009. There was a stay granted against the operation of the Division Bench judgment. Later, the other Writ Petitions and Writ Appeals were disposed of by a Division Bench of this Court in the

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following manner:

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“(1)KSEB is authorised to collect tariff in terms of the order of the Regulatory Commission but the same will be subject to the result of the judgment of the Supreme Court in the batch of SLPs pending before the Supreme Court.

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(2) However, no arrears will be recovered until the Supreme Court decides the matter and thereafter recovery of arrears will be based on judgment of the Supreme Court, which will be applicable in appellant's case also. In view of this judgment directing the KSEB to give same relief to the appellant in terms of the judgment of the Supreme Court, there is no need for the appellant to go to the Supreme Court against this judgment.”

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In such circumstances, we dispose of the above

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Writ Appeals also in the same manner as done by another

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W.A.Nos.650 & 1311 of 2010

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Division Bench in W.A.No.660/2010 dated 23.03.2012 in

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the aforecited manner, with similar directions to

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govern the parties in these appeals also. No costs.

Sd/-

K.VINOD CHANDRAN

JUDGE

Sd/-

ASHOK MENON

JUDGE

dkr

W.A.Nos.650 & 1311 of 2010

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APPENDIX OF W.A.NO.1311/2010

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APPELLANT'S/S ANNEXURES:

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ANNEXURE 1	COPY 15870	OF ORDER /10.	DATED 25.05.2010 IN WP(C)
ANNEXURE 2	COPY 650/2	OF ORDER 010.	DATED 28.05.2010 IN W.A.
ANNEXURE 3	COPY NO.15	OF ORDER 870/2010.	DATED 01.07.2010 IN WP(C)

Manager, Santhigiri College of Computer v. Kerala State Electricity Board & Others

Case brief

What is this about?

What did the court decide?

Manager, Santhigiri College of Computer v. Kerala State Electricity Board & Others

Case brief

What is this about?

What did the court decide?

What the court decided

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