Question involved is as to whether the Private educational institutions are liable to be charged under LT VIIA tariff, in distinction with other educational institutions which are charged under LT VIA. The issue now stands covered in favour of the petitioner, as per the Division Bench decision of this court in Bro. Joseph Antony V.
K.S.E.B (2009 (3) KLT 1022). It is brought to the notice that the hon'ble Supreme Court had stayed operation of the said judgment in a batch of Special Leave Petitions filed by the Electricity Board.
2. By virtue of an interim order passed by this court in the writ petition, collection of arrears under the enhanced tariff was stayed subject to condition of the petitioner remitting energy charges in future at LTVIIA tariff.
3. The liability for payment of the arrears at the enhanced tariff will depend upon ultimate outcome of the W.P.(C) No. 15976 of 2011 -2-
decision by the hon'ble Supreme Court. In view of the stay granted by the hon'ble Supreme Court, I am not inclined to restrain the Board from charging the enhanced tariff. This is because of the fact that, if ultimately the hon'ble Supreme Court upholds the change of tariff, the respondents will be put to prejudice. On the other hand, the petitioner can seek refund/adjustment if the decision is ultimately in favour of them. But it is only just and proper to restrain the respondent Board from recovering the arrears on the basis of enhancement of the tariff, till the matter is ultimately decided by the hon'ble Supreme Court.
4. Therefore this writ petition is disposed of by directing the respondents to keep in abeyance recovery of the arrears demanded under the enhanced tariff, until the SLPs are disposed of by the hon'ble Supreme Court. It is made clear that, the respondents will be free to charge the petitioner under LT VIIA tariff for continued consumption of energy.
5. It is made clear that payments if any made at W.P.(C) No. 15976 of 2011 -3-
the enhanced tariff will be liable to be refunded/adjusted in case the hon'ble Supreme Court upholds the judgment in Bro. Joseph Antony's case (cited supra). It is also made clear that the respondents will be entitled to recover the arrears if the change of tariff is ultimately upheld by the hon'ble Supreme Court.
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C.K. ABDUL REHIM, JUDGE.
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