This appeal challenges Tariff Order change from LT-VI A to LT-VII A regarding electricity bills for tuition centres. Appeal dismissed as Apex Court upheld change. Court grants four equal instalments for outstanding balance.
Four equal instalments granted for balance dues of Rs.2,90,093/- payable in four parts.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
TUESDAY, THE 1ST DAY OF NOVEMBER 2022/10TH KARTHIKA, 1944
W.A. NO.956OF 2022
(AGAINST THE JUDGMENT DATED 17.6.2022 IN
WP(C) 22146/2021 OF HIGH COURT OF KERALA)
APPELLANTS/PETITIONERS:
1RIYAD K.M, AGED 51 YEARS, S/O.K.ABDUL KAREEM,
ZEENA MANSIL, VALAMCHUZHI, PATHANAMTHITTA,
PATHANAMTHITTA DISTRICT, KERALA STATE,
PIN – 689 645
2A.LAILA, AGED 79 YEARS, W/O.ABDUL KAREEM,
RESIDING AT ZEENA MANSIL, VALAMCHUZHI,
PATHANAMTHITTA, PATHNAMTHITTA DISTRICT,
KERALA STATE, PIN – 689 645
BY ADV K.K.JYOTHILAKSHMY
RESPONDENTS/RESPONDENTS:
1STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF ENERGY AND POWER,
SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001
2KERALA STATE ELECTRICITY REGULATORY COMMISSION,
KPFC BHAVANAM, C.V.RAMAN PILLAI ROAD,
VELLAYAMBALAM, THIRUVANANTHAPURAM, KERALA STATE,
PIN – 695 010, REPRESENTED BY ITS SECRETARY.
3SENIOR SUPERINTENDENT, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD LIMITED,
PATHANAMTHITTA, PATHANAMTHITTA DISTRICT,
PIN – 689 645
W.A. No.956/2022
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4ASSISTANT ENGINEER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD LIMITED,
PATHANAMTHITTA, PATHANAMTHITTA DISTRICT,
PIN – 689 645
5SECRETARY, PATHANAMTHITTA MUNICIPALITY,
PATHANAMTHITTA DISTRICT, PIN – 689 645.
BY ADVS.
VIPIN P.VARGHESE, SC, KSERC
KEERTHIVAS GIRI, SC, KSEB
V.K.SUNIL
ADARSH MATHEW
C.ANCHALA
KEVIN MATHEW GEORGE
ROWENA COLETTE DIAS
MEERA ELSA GEORGE
SC MERLINE MATHEW FOR VIPIN VARGHESE FOR R2.
GP. P.M. SHAMEER.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
01.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A. No.956/2022
3
ORDER
(Dated: 1st November, 2022)
Basant Balaji, J.
The petitioners in W.P.(C)No.22146 of 2021 are
the appellants. The writ petition was filed for the following reliefs:
(1) To issue a Writ in the nature of Mandamus or such other appropriate Writ to set-aside the demand cum disconnection Notices issued to the petitioners by the 3rd Respondent which is marked as Exhibit P4 to P6,
(2) To issue a Writ of Mandamus or such other appropriate Writ to set-aside Exhibit P10 and Exhibit P11 disconnection Notices, dated 30.09.2021 issued by the 4th Respondent,
(3) To issue a Writ of certiorari or appropriate Writ or Order directing the 2nd Respondent to withdraw the proceedings No.934/com.Ex/2021/KSERC/798, DATED 24.09.2021 as Exhibit P8, confirming the decision of the Board and directed the 2nd Respondent to pass fresh Order after hearing the petitioners within a time frame,
(4) To issue a Writ of Mandamus or such other appropriate Writ directing the 2nd Respondent to fix an appropriate Tariff for the Tuition centers for the period from 2007 to August 2014 and revise the bill accordingly,
(5) To declare that the demand made by the 2nd and 3rd Respondents are illegal and against the existing Tariff Order, and
(6) To pass any relief or Reliefs as this Honourable court deem fit and proper.
W.A. No.956/2022
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petitioners are the owners of building No.720 and 721 in Ward No.IX and Building No.338(1) in Ward No.VII in Pathanamthitta Municipality. They are conducting tuition classes for all subjects for school-going and college students in the aforesaid building for more than 15 years. They have obtained registration from the Municipality for running the tuition centre. While so, they were received with a bill cum disconnection notice dated 21.10.2020, wherein an amount of Rs.1,25,174/(consumer No.15789) was demanded and another disconnection notice (consumer No.13063) for an amount of Rs.4620/-. Challenging the disconnection notices, the writ petition was filed.
W.A. No.956/2022
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Education Institutions in respect of LT-VI A to LT-VII
A with effect from 01.12.2007.
KSEB and Smt.Merlin Mathew, counsel appearing for Adv.Vipin P.Varghese.
that the regulatory commission has ordered to change the tariff of Self-Financing Education Institutions from LT-VI A to LT-VII A with effect from 01.12.2007 as per tariff petition Nos.23/2006 and 30/2007 filed by the KSEB Ltd. A group of Self-Financing Education Institutions approached this court against the tariff change and a learned single Judge of this Court rejected their claim. In appeal, a Division Bench of this Court held in favour of the Education Institutions’. The Kerala
State Electricity Board approached the Hon’ble Supreme Court by filing C.A. No.8350 of 2009 and by
W.A. No.956/2022
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common judgment dated 20.02.2020 approved the tariff
change and on the basis of the said judgment, the petitioners/appellants’ tuition centre has to be classified under LT-VII A tariff. Learned counsel for respondents 3 and 4 submits that; because of the tariff order passed by the commission, they are bound by the orders and in view of the judgment of the Apex Court, they are entitled to classify the appellants’ tuition centre in LTVII A and not under LT-VI A. It is on the said classification that Ext.P5 and P6 bills cum disconnection notices were issued.
W.A. No.956/2022
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VI A and not LT-VII A. The learned single Judge was
perfectly right in dismissing the writ petition in view of the judgment of the Apex Court. Hence, we do not find any ground to interfere with the judgment of the learned single Judge and accordingly the writ appeal is dismissed.
W.A. No.956/2022
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After taking the circumstances set out in Ext.P7 and
hearing the learned counsel appearing for the parties at considerable length, as an exceptional case, we exercise our discretion and grant four instalments for paying the balance amount of Rs.2,90,093/- in four equal instalments. The first instalment is to be payable on or before 03.12.2022. The appellants if commit default on any of the instalments, the Board is given liberty to
realise the dues in accordance with law.
Writ Appeal ordered accordingly.
Sd/-
S.V.BHATTI, JUDGE
Sd/- BASANT BALAJI, JUDGE
ss
3 issues framed by the court
Whether appeal must succeed against Tariff Order change from LT-VI A to LT-VII A
Whether interest paid on instalment of arrears can be waived
Whether Court can grant extension for payment of electricity dues
Riyad K.M
A.Laila
State of Kerala
Kerala State Electricity Regulatory Commission
Senior Superintendent, Electrical Section, Kerala State Electricity Board Limited
Assistant Engineer, Electrical Section, Kerala State Electricity Board Limited
S.V. Bhatti
Basant Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
S.V. Bhatti and Basant Balaji
Parties & counsel