Madras High Court
Mrf Limited vs Tamil Nadu Generation And ... on 1 December, 2021
W.P.No.26691 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2021
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.P.No.26691 of 2017
and W.M.P.No.28419 of 2017
MRF Limited,
Rep. by Mr.A.Manivannan,
Senior Manager ... Petitioner
Versus
1.Tamil Nadu Generation and Distribution
Corporation Limited,
Rep. by its Chairman,
No.144, Anna Salai,
Chennai - 600 002.
2.Chief Financial Controller,
Tamil Nadu Generation and Distribution
Corporation Limited,
No.144, Anna Salai,
Chennai - 600 002.
3.The Superintending Engineer
Vellore Electricity Distribution Circle,
Gandhinagar,
Vellore-6.
4.Tanil Nadu Electricity Regulatory Commission
Rep. by its Secretary
No.19A, Rukmani Lakshmipathy Salai,
Egmore, Chennai-600 008. ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.26691 of 2017
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
for the issuance of Writ of Certiorari, to call for the records of the third
respondent contained in impugned letter Lr.No./SEV/DFC/AAO-
HT/A2/F.Audit/2017 passed in HT SC 1199 dated 22.09.2017 and all
proceedings pursuant thereto, and quash the same as arbitrary, illegal and
violative of the provisions of the Electricity Act, 2003 and the orders of the
TNERC.
For Petitioner : Mr.M.Vijayan
for M/s.King and Partridge
For R1 to R3 : Mr.L.Jai Venkatesh
Standing Counsel
ORDER
This Writ Petition has been filed seeking for the issuance of Writ of
Certiorarified Mandamus, to call for the records of the third respondent
contained in impugned letter Lr.No./SEV/DFC/AAO-HT/A2/F.Audit/2017
passed in HT SC 1199 dated 22.09.2017 and all proceedings pursuant
thereto, and quash the same as arbitrary, illegal and violative of the
provisions of the Electricity Act, 2003 and the orders of the TNERC.
2.When the matter is taken up for hearing today, the learned counsel
for the petitioner would submit that in an identical issue, this Court vide
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W.P.No.26691 of 2017
order dated 14.09.2018, in W.P.No.5916 of 2014 etc., batch, has quashed the
impugned letter issued by the respondents.
3.The relevant portion of the order passed by this Court dated
14.09.2018, in W.P.No.5916 of 2014 etc., batch, is extracted hereunder:
"18. In view of the discussions made in the
afore mentioned paragraphs, this Court is of the
opinion that the Regulatory Commission has to under
take the process of revision either suo-motu or through
an application if any filed before the commission and
conduct the adjudicative process by issuing notice to
all the stakeholders and after hearing the parties
aggrieved, decision shall be taken on merits and in
accordance with law. The compliance of principles of
natural justice has been contemplated in the business
regulations, as stated supra. Thus Electricity
Regulatory Commission is bound by that and they
have to follow the procedures and thereafter take a
decision and pass orders on merits and in accordance
with law in respect of the withdrawal of the concession
of the Deemed Demand Charges in respect of the writ
petitioners. However, it is made clear that the
observations made in this judgment will not affect the
independent adjudication if any undertaken by the
https://www.mhc.tn.gov.in/judis
W.P.No.26691 of 2017
Electricity Regulatory Commission in accordance with
the procedures contemplated. The Electricity
Regulatory Commission is at liberty to decide the
merits and demerits independently and pass orders
without causing undue delay in view of the fact that
the concession has been already cancelled in respect of
other categories. Accordingly the impugned order
passed by the second respondent in letter No.
CFC/FC/DFC/AAO.HT/AS.3/REV/D.N.115/13 dated
29.07.2013 is quashed and these writ petitions are
allowed. No costs. Consequently connected
miscellaneous petitions are closed."
4.A perusal of the above would show that the issue in the present Writ
Petition is covered by the order referred to above. Therefore, following the
principle laid down by the order this Court dated 14.09.2018, in
W.P.No.5916 of 2014 etc., batch, the impugned demand raised by the third
respondent vide letter in Lr.No./SEV/DFC/AAO-HT/A2/F.Audit/2017
passed in HT SC 1199 dated 22.09.2017, is hereby quashed and the Writ
Petition is allowed.
5.Further, at the time of admission, this Court directed the petitioner to
pay 50% of the demand made by the third respondent. The learned counsel
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W.P.No.26691 of 2017
for the petitioner submitted that the same was complied with. If any such
amount was paid as per the order of this Court dated 12.10.2017, the
respondents shall adjust the said deposit made by the petitioner in the future
electricity charges. No costs. Connected miscellaneous petition is closed.
01.12.2021
(1/2)
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
rst
1.The Chairman,
Tamil Nadu Generation and Distribution
Corporation Limited,
No.144, Anna Salai, Chennai - 600 002.
2.Chief Financial Controller,
Tamil Nadu Generation and Distribution
Corporation Limited,
No.144, Anna Salai, Chennai - 600 002.
3.The Superintending Engineer,
Vellore Electricity Distribution Circle,
Gandhinagar,
Vellore-6.
4.The Secretary,
Tanil Nadu Electricity Regulatory Commission
No.19A, Rukmani Lakshmipathy Salai,
Egmore, Chennai-600 008.
https://www.mhc.tn.gov.in/judis
W.P.No.26691 of 2017
KRISHNAN RAMASAMY.J.,
rst
W.P.No.26691 of 2017
and W.M.P.No.28419 of 2017
01.12.2021
(1/2)
https://www.mhc.tn.gov.in/judis
