The petitioner is the Manager of St.Xavier's Public School, an educational institution affiliated to the Central Board of Secondary Education, New Delhi. The School is having two electricity connections with Consumer Nos.9144 & 9145 under the KSEB Electrical Section, Karukutty. With effect from 1/12/2007, the petitioner's educational institution has been classified under LT-VIIA tariff from LT-VIA tariff and the petitioner was issued with Exts.P3 to P3(e) demand notices. The petitioner has approached this Court in this Writ Petition seeking various reliefs including a writ of certiorari to quash the demand made in Exts.P3 to P3(e). During the pendency of this Writ Petition the petitioner was also issued with Ext.P5(a) demand notice. 2. By order dated 15/1/2010, this Court ordered that:-
“There will be an interim direction permitting the petitioner to pay the electricity charges at the rate applicable to tariff LT VIA and fee shall be accepted provisionally by the respondent-Board, and on such payment, fee collection of balance amount shall stand stayed until further orders.”
3. Subsequently in respect of demand in Ext.P5(a) this Court passed the following order in I.A.No.6173 of 2011 on 11/4/2011:-
“Heard the learned counsel on both sides. There will be an interim order staying disconnection of electricity supply for non-payment of Ext.P5(a) invoice and all proceedings to recover the amount demanded therein, until further orders. The petitioner shall however pay the energy charges at the rate applicable to LT VIIA category.”
4. The question involved in this Writ Petition is as to whether private self-financing educational institutions are liable to be charged under LT-VIIA tariff, in distinction with private aided 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 Vs. K.S.E.B (2009 (3) KLT 1022). It is brought to my notice that, the above decision is under challenge before the Apex Court in various Special Leave Petitions filed by the KSEB, and the Apex Court had stayed operation of the said judgment. However, unless the legal position is reversed, this Court is bound to follow the decision in Bro. Joseph Antony's case (supra), in view of the principle laid down by this Court in Abdu Rehiman Vs. District Collector, Malappuram (2009 (4) KLT 485).
5. The further challenge in this Writ Petition is against Exts.P3 to P3(e) and P5(a) demand notices whereby the petitioner was requested to make payment of arrears of electricity charges at enhanced rate, i.e., under LT-VIIA tariff. The question regarding liability of the petitioner for payment at enhanced rate will depend upon outcome of the decision of the Apex Court. In view of the stay granted by the Apex Court, I am not inclined to restrain the respondent Board from charging the petitioner under the enhanced tariff. This is because of the fact that, if ultimately the Apex Court upholds the change of tariff, the respondent Board will be put to prejudice. On the other hand, the petitioner can seek refund/adjustment if the decision is ultimately in favour of the consumers. 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 Apex Court.
6. Therefore this Writ Petition is disposed of directing the respondents to keep in abeyance recovery of arrears demanded under Exts.P3 to P3(e) and P5(a) notices till ultimate decision is rendered by the Apex Court in the SLPs referred above. It is made clear that the respondents are free to charge the petitioner under LT VIIA tariff for continued consumption of energy. It is made clear that payments made under the enhanced tariff will be liable to be refunded/adjusted in case the Apex Court upholds the judgment in Bro. Joseph Antony's case (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 Apex Court.
This Writ Petition is disposed of as above. No order as to costs.
skj ANIL K.NARENDRAN, JUDGE