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1988 Supreme(Ker) 166

MALIMATH, K.BASKARAN
SOCIAL S. G. OF ASSISI SISTERS – Appellant
Versus
KSEB – Respondent


Judgment :-

1. Are Churches, Convents, Orphanages, Seminaries, Hospitals, Educational Institutions, Hostels etc. "commercial consumers" liable to pay enhanced electric tariff or are they merely "non domestic consumers" entitled to pay only at the reduced tariff rates fixed by the Board itself? This is the main question that arises for determination in this batch of writ petitions.

2. In exercise of the powers conferred by S.49 of the Electricity (Supply) Act, 1948 and all other enabling provisions, under the Act, and after taking into account all relevant circumstances, the Kerala Stats Electricity Board-the Board issued on 21st December, 1985 "The Kerala State Electricity Board Low Tension (other than Public lighting." Tariff Order, 1985, classifying the various categories of consumers of electrical energy and the tariff rates applicable to each category. It is the admitted cue that the petitioners in all these writ petitions are Low Tension Consumers governed by this tariff order and they were classified as LT VI Non domestic (single or 3 phase).

3. LT VI Non-domestic category was treated under this tariff order of the Board thus:

"LT. VI Non-Domestic (Single or 3 phase)

(a) Applicab



































































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