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 tariff. The issue stands settled in favour of the petitioner as per a Division Bench decision of this court in Bro.Joseph Antony V. K.S.E.B. (2009 (3) KLT 1022). It is pointed out that, Special Leave Petitions filed by the KSEB against the said decision is pending before the hon'ble Supreme Court and the operation of the judgment stands stayed. 2. Unless the legal position is reversed, this court is bound to follow the decision cited above, in view of the ruling of the Division Bench in Abdu Rehiman V. District Collector, Malappuram (2009 (4) KLT 485).
3. Under the above mentioned circumstances, the petitioner cannot be held as liable for payment of electricity charges under LT VIIA. However, question W.P.(C). No. 37287 of 2008 -2-
regarding liability for payment under the enhanced tariff will depend upon the ultimate outcome of the decision of the hon'ble Supreme Court. But in view of the stay granted by the hon'ble Supreme court, this court is 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 the enhanced tariff, till the matter is ultimately decided by the hon'ble Supreme Court.
4. Under the above mentioned circumstances, this writ petition is disposed of by directing the respondents to keep in abeyance recovery of any arrears due to the difference in tariff till the matter is decided by the hon'ble Supreme court. However, it is made clear that the respondents will be free to charge the petitioner under LT W.P.(C). No. 37287 of 2008 -3-
VIIA tariff with respect to the continued consumption of energy.
5. It is made clear that, payments if any made at the enhanced tariff will be provisional and is liable to be refunded or 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 respondents will be entitled to recover the enhanced tariff if the change of tariff is upheld by the hon'ble Supreme Court.
Sd/-
C.K. ABDUL REHIM, JUDGE /True copy/ P. A. to Judge Pn