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Kerala High Court
Alliance Educational Foundation vs Kerala State Electricity Board on 6 January, 2026
WP(C) NO. 5287 OF 2021 1
2026:KER:368
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 6TH DAY OF JANUARY 2026 / 16TH POUSHA, 1947
WP(C) NO. 5287 OF 2021
PETITIONERS:
ALLIANCE EDUCATIONAL FOUNDATION
MALAKKARA.P.O,KERALA-689532,
REPRESENTED BY ITS GENERAL SECRETARY,
MS.SUZANNE SHELTON BUCKLEY,AGED 74 YEARS,
D/O.MR.GLENN E SHELTON,RESIDING AT
NANGIARETU,MALAKARA.P.O.,
KERALA-689532.
BY ADVS.
SHRI.SREESANKAR.M
SMT.ASHLY
SHRI.AHAMMED AMEEN A.F.
SMT.MEGHA MADHAVAN
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LIMITED
ELECTRICAL SECTION, ARANMULA-689533,
PATHANAMTHITTA DISTRICT,
REPRESENTED BY SECREATARY.
2 ASSISANT ENGINEER,
KERALA STATE ELECTRICITY BOARD LIMITED,
ELECTRICAL SECTION,ARANMULA-689533,
PATHANAMTHITTA DISTRICT.
BY ADVS. SRI.K.M.SATHYANATHA MENON
SRI.AJIT JOY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5287 OF 2021 2
2026:KER:368
JUDGMENT
Petitioner, a self-financing institution, challenges Exts. P1 to P4 short
assessment invoices issued to them.
2. The issue involved in this case is covered against the petitioner by
the judgment of the Hon'ble Supreme Court in Kerala State Electricity Board
Rep. by its Secretary and Another v. Principal, Sir Syed Institute for
Technical Studies and Another [2020(2) KHC 61], on the issue of the tariff
applicable to the self-financing institutions.
It is based on the said judgment, the Board issued the short assessment
notices, which are challenged in this writ petition. As the issue is covered
against the petitioner by the judgment referred to above, I am not inclined to
grant any relief to the petitioner. As regards the question of waiver of interest,
the dismissal of this writ petition will not prevent the petitioner from
approaching the Consumer Grievances Redressal Forum, if so advised.
This writ petition is dismissed as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
DCS
2026:KER:368
APPENDIX OF WP(C) NO. 5287 OF 2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF ASSESSMENT LETTER/INVOICE OF THE
CONSUMER NO.6019 DATED 28/10/2020
EXHIBIT P2 TRUE COPY OF ASSESSMENT LETTER/INVOICE OF THE
CONSUMER NO.7403 DATED 28/10/2020
EXHIBIT P3 TRUE COPY OF ASSESSMENT LETTER/INVOICE OF THE
CONSUMER NO.8183 DATED 28/10/2020
EXHIBIT P4 TRUE COPY OF ASSESSMENT LETTER/INVOICE OF THE
CONSUMER NO.7277 DATED 28/10/2020
EXHIBIT P5 TRUE COPY OF THE ORDER UNDER SECTION 80G(5)
(VI)ISSUED BY THE INCOME TAX DEPARTMENT
EXHIBIT P6 TRUE COPY OF REGISRATION OF THE PETITIONER'S
INSTITUTION UNDER TRAVANCORE COCHIN
LIBRARY,SCIENTIFIC AND CHARITABLE SOCIETIES
REGISTRATOIN ACT,1955
EXHIBIT P7 TRUE COPY OF THE LETTER DATED 11/11/2020 IS
SUBMITTED TO RESPONDENT NO.2 BY THE
PETITIONER
EXHIBIT P8 TRUE COPY OF GRIEVANCE VIDE LETTER DATED
24/11/2020 SUBMITTED BY THE PETITIONER
EXHIBIT P9 TRUE COPY OF LETTER DATED 30/12/2020
SUBMITTED TO THE PETITIONER BY RESPONDENT
NO.2
EXHIBIT P6 TRUE COPY OF LETTER DATED 05.01.2021
SUBMITTED BY THE PETITIONER TO RESPONDENT
N0.2
EXHIBIT P11 TRUE COPY OF LETTER NO.DBO1/AEE/ESD/KZHY/20-
21 DATED 06/01/2021
EXHIBIT P12 TRUE COPY OF THE PROCEEDINGS OF THE PERSONAL
HEARING DATED 14/01/2021 ALONG WITH
TRANSLATION AND LEGIBLE COPY.
EXHIBIT P13 TRUE COPY OF LETTER
NO.DBO1/AEE/ESD/KZHY/302/20-21/25.01.21/302
DATAED 25.01.21
EXHIBIT P14 TRUE COPY OF NOTICE DATED 10/02/2021 FOR
CONNECTION NO.6019 ALONG WITH TRANSLATION.
EXHIBIT P15 TRUE COPY OF THE NOTICE DATED 10/02/2021 FOR
CONNECTION NO.7403 ALONG WITH TRANSLATION.
EXHIBIT P16 TRUE COPY OF NOTICE DATED 10/02/2021 FOR
CONNECTION NO.8183 ALONG WITH TRANSLATION.
EXHIBIT P17 TRUE COPY OF NOTICE DATED 10/02/2021 FOR
CONNECTION NO.7277 ALONG WITH TRANSLATION.
WP(C) NO. 5287 OF 2021 4
2026:KER:368
RESPONDENT EXHIBITS
Exhibit R1(a) TRUE COPY OF THE RELEVANT PAGES OF THE KERALA
GAZETTE NOTIFICATION DATED 27/11/2007 OF THE
TARIFF ORDER W.E.F. 01/12/2007 ISSUED BY
KSERC.
Exhibit R1(b) TRUE COPY OF THE RELEVANT PAGES OF THE
NOTIFICATION OF THE TARIFF ORDER ISSUED BY
KSERC.W.E.F. 16/08/2014 IN KERALA GAZETTE
DATED 07/09/2014.
Exhibit R1(c) TRUE COPY OF THE COMMON JUDGMENT OF THIS
HON'BLE COURT REPORTED AS 2009 (2) KHC 554.
Exhibit R1(d) TRUE COPY OF THE JUDGMENT DATED 20/02/2020 OF
THE HON'BLE APEX COURT IN KERALA STATE
ELECTRICITY BOARD REP. BY ITS SECRETARY &
ANOTHER VERSUS PRINCIPAL SIR SYED INSTITUTE
FOR TECHNICAL STUDIES & ANOTHER [CIVIL APPEAL
NO.8350/2009 AND CONNECTED CASES REPORTED AS
2020(2) KHC 61.
Exhibit R1(e) TRUE COPY OF THE JUDGMENT DATED 24/08/2020 IN
WPC.NO.17434/2020 OF THIS HON'BLE COURT.
Exhibit R1(f) TRUE COPY OF THE JUDGMENT DATED 09/07/2020 IN
WPC.NO.13857/2020 OF THIS HON'BLE COURT.
Exhibit R1(g) TRUE COPY OF THE CIRCULAR
NO.LA1/5243/2009/205 DATED 29/02/2020 OF THE
SECRETARY [ADMINISTRATION], KSEBL.
Exhibit R1(h) TRUE COPY OF THE JUDGMENT REPORTED IN 1996
KHC 1401.
PETITIONERS EXHIBITS
Ext.No.P18 A TRUE COPY OF THE LETTERS DATED 23.07.2025
REFERRING TO CONSUMER NO.1155354006019
Ext.No.P19 A TRUE COPY OF THE LETTERS DATED 23.07.2025
REFERRING TO CONSUMER NO.1155354008183
Ext.No.P20 A TRUE COPY OF THE LETTERS DATED 23.07.2025
REFERRING TO CONSUMER NO 1155354007277
Ext.No.P21 A TRUE COPY OF THE LETTER DATED 23.07.2025
REFERRING TO CONSUMER NO 1155350007403
Ext.No.P22 A TRUE COPY OF THE REPLY LETTER DATED
31.07.2025
Ext.No.P23 A TRUE COPY OF THE AFFIDAVIT DATED 31.07.2025
EXECUTED BY PETITIONER
Ext.No.P24 A TRUE COPY OF LETTER DBOL/AEE/ESD/KZHY /
2025-26/ 115 DATED 21 .11.2025
