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2007 Supreme(Ker) 344

C.N.RAMACHANDRAN NAIR
N. S. S. Hindu College, Changanacherry – Appellant
Versus
The Chief Engineer, Kottayam – Respondent


Judgment :-

Petitioner is challenging demand of electricity charges at commercial tariff under LT-VII A for the electricity connection given to the canteen attached to the petitioner-college. According to the petitioner, canteen is located in the college premises and is exclusively catering to the needs of the students and staff. Therefore tariff applicable for educational purposes, namely LT-VI A, should be applied is the case of the petitioner. However, learned Standing Counsel for KseB contended that canteen is run by contractor engaged by petitioner and therefore it is to be charged at commercial tariff. His further contention is that other institutions which are covered along with educational institutions under tariff LT-VI A are reading rooms and libraries and since canteen is not covered by the said entry, petitioner’s claim is not tenable. I feel, canteen whether run by educational institution directly or through contractor cannot be treated as an educational institution and therefore it cannot claim lower tariff under LT VI-A, and therefore claim of the petitioner for billing of electricity charges for canteen under LT VI-A is rejected.

2. The next question to be considered


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