Madras High Court
Gangotri Textiles Limited vs Tamil Nadu Electricity ... on 14 December, 2021
W.P.Nos.24916 and 24917 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.12.2021
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.Nos.24916 and 24917 of 2010
and
M.P.Nos.1 and 1 of 2010
Gangotri Textiles Limited,
Unit-7, HTSC No.360
No.473/2, P.K.D. Nagar,
Near Dr.Rajagopal Hospital
Peelamedu, Coimbatore District ...Petitioner
(in W.P.No.24916 of 2010)
Sri Dwaraka Textiles Limited,
Unit-08, HTSC No.146
No.473/2, P.K.D. Nagar,
Peelamedu, Coimbatore District
Rep. by its Managing Directorate
Manojkumar Tibrewal ...Petitioner
(in W.P.No.24917 of 2010)
Vs.
1.Tamil Nadu Electricity Regulatory Commission,
Rep. by its Secretary
19-A,Rukmini Lakshmipathy Salai,
(Marshall's Road), Egmore, Chennai-600 008
2.The Chairman
Tamil Nadu Electricity Board,
144, Anna Salai, Chennai-600 002.
https://www.mhc.tn.gov.in/judis
Page 1 of 7
W.P.Nos.24916 and 24917 of 2010
3.The Superintending Engineer
Coimbatore Elec. Distribution Circle (South),
Tamil Nadu Electricity Board,
Coimbatore. ... Respondents
(in both W.Ps)
Prayer in W.P.No.24916 of 2010 : Writ Petition filed under Article 226
of the Constitution of India for issuance of a Writ of Certiorarified
Mandamus, calling for the records of the 3rd respondent in his Bill No.360
dated 01.08.2010 for Rs.84,814.20, quash the same in so far as it relates
to levy of excess charges/penalty for alleged excess demand and energy
quota as illegal, arbitrary without the authority of law and against the
orders of the first respondent made in Suo moto proceeding No.1 of 2009
dated 28.10.2009 and consequently direct the 3rd respondent to refund the
above amount.
Prayer in W.P.No.24917 of 2010 : Writ Petition filed under Article 226
of the Constitution of India for issuance of a Writ of Certiorarified
Mandamus, calling for the records of the 3rd respondent in his Bill No.146
dated 01.08.2010 for Rs.3,84,632.50, quash the same in so far as it relates
to levy of excess charges/penalty for alleged excess demand and energy
quota as illegal, arbitrary without the authority of law and against the
orders of the first respondent made in Suo moto proceeding No.1 of 2009
https://www.mhc.tn.gov.in/judis
W.P.Nos.24916 and 24917 of 2010
dated 28.10.2009 and consequently direct the 3rd respondent to refund the
above amount.
For Petitioner : Mr.S.P.Parthasarathy
(in both W.Ps)
For R1 : No Appearance
(in both W.Ps)
For R1 to R4 : Mr.L.Jai Venkatesh
[For TANGEDCO]
(in both W.Ps)
COMMON ORDER
The relief sought for in these writ petitions is to call for the records
of the 3rd respondent in his Bill Nos.360 and 146 dated 01.08.2010 for
Rs.84,814.20 and Rs.3,84,632.50 and quash the same in so far as it relates
to levy of excess charges/penalty for alleged excess demand and energy
quota as illegal, arbitrary without the authority of law and against the
orders of the first respondent made in Suo moto proceeding No.1 of 2009
dated 28.10.2009 and consequently direct the 3rd respondent to refund the
above amount.
2.When these writ petitions were taken up, the learned counsel for
the petitioners had submitted that the issue involved in these writ petitions
is squarely covered by the decision of the Appellate Tribunal for Electricity
https://www.mhc.tn.gov.in/judis
W.P.Nos.24916 and 24917 of 2010
in Appeal Nos.177, 178, 182, 183, 186 and 187 of 2013 dated
29.05.2014, by which the Tribunal dismissed the appeals filed by the
Tamil Nadu Electricity Board and held as under:
“i)According to the judgment of this Tribunal
in Appeal Nos.51 & 56 of 2012, the demand and energy
quota as communicated by the Electricity Board in
advance based on the advance declaration of energy
proposed to be made available from captive generation
will be used for calculation of excess demand and excess
energy charges till the new procedure as decided by the
State Commission dispensing the need for advance
declaration by the captive consumer by order dated
7.9.2010 has been implemented. The period in question is
April & May 2010 and hence the
total demand and energy quota communicated by the
Electricity Board / TANGEDCO on the basis advance
declaration of energy proposed to be made available
from captive generation will be the basis for calculation
of
excess demand / energy as per the above judgment of the
Tribunal.
ii)The State Commission has correctly
interpreted the findings of this Tribunal in Appeal Nos.51
& 56 of 2012 and drawn the correct conclusion in the
impugned order dated 17.4.2012 which is in consonance
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W.P.Nos.24916 and 24917 of 2010
with the findings of this Tribunal.”
3.The learned counsel for the petitioners has also produced a copy of
the order passed by the Hon'ble Supreme Court in Civil Appeal
No(s).8215/2015 dated 25.10.2018, wherein the view taken by the
Regulatory Commission and the Appellate Tribunal for Electricity that 'the
decision and methodology for charging excess energy and demand charges
adopted by the Distribution Licensee is correct but the date of collection of
such charges would be from 2010 and not from 2008 when the Restriction
and Control measures were introduced' has been affirmed.
4.In view of the above, the impugned CC Bills dated 01.08.2010 for
the month of July 2010 in respect of the petitioner's HT Service Connection
Nos.360 and 146 in so far as it relates to the demand of Rs.84,814.20 and
Rs.3,84,632.50 are set aside and the writ petitions are disposed of on the
same lines as observed by the Appellate Tribunal for Electricity in Appeal
Nos.177, 178, 182, 183, 186 and 187 of 2013 dated 29.05.2014. No costs.
Consequently, the connected miscellaneous petitions are closed.
14.12.2021
Cse/Jeni
Internet : Yes
Index : Yes
Speaking order : Yes/No
https://www.mhc.tn.gov.in/judis
W.P.Nos.24916 and 24917 of 2010
To
1.Tamil Nadu Electricity Regulatory Commission,
Rep. by its Secretary
19-A,Rukmini Lakshmipathy Salai,
(Marshall's Road), Egmore, Chennai-600 008
2.The Chairman
Tamil Nadu Electricity Board,
144, Anna Salai, Chennai-600 002.
3.The Superintending Engineer
Coimbatore Elec. Distribution Circle (South),
Tamil Nadu Electricity Board,
Coimbatore.
https://www.mhc.tn.gov.in/judis
W.P.Nos.24916 and 24917 of 2010
S.M. SUBRAMANIAM, J.
Cse/Jeni
W.P.Nos.24916 & 24917 of 2010
14.12.2021
https://www.mhc.tn.gov.in/judis
