Madras High Court
M/S.Sathyabama University ... vs The Tamil Nadu Generation & ... on 19 July, 2021
W.P.No.14732 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.07.2021
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR
WP.No.14732 of 2021
M/s.Sathyabama University Dental College and Hospital,
Jeppiaar Nagar, Rajiv Gandhi Salai,
Sholinganallur,
Chennai-600 119 ...Petitioner
-Vs-
1.The Tamil Nadu Generation & Distribution
Corporation Limited(TANGEDCO),
rep. by its Chairman and Managing Director,
144, Anna Salai, Chennai -600 002
2.The Chief Financial Controller-Revenue
TANGEDCO Ltd.,
NPKRR Maligai, No.144, Anna Salai,
Chennai-600 002
3.The Tamil Nadu Electricity Regulatory Commission,
No.19-A, Rukmani Lakshmipathy Road,
Egmore, Chennai-600 008
4.The Government of Tamil Nadu,
rep. by its Secretary to Government,
Energy Department, Fort St George,
Chennai-600 009
5.The Superintending Engineer,
TANGEDCO,
1/8
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W.P.No.14732 of 2021
CEDC/SOUTH-II,
110, KV, SS Building, K.K.Nagar,
Chennai-600 078
6.The Deputy Financial Controller,
TANGEDCO,
CEDC/SOUTH-II,
110, KV, SS Building, K.K.Nagar,
Chennai-600 078. ...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the respondents to consider
the petitioner's representation dated 18.02.2021 in the light of the orders
of the Tamil Nadu Electricity Regulatory Commission dated 04.05.2020
delivered in proceedings no.2 of 2020.
For Petitioner : Mr.N.Saravana Kumar
For Respondents : Mr.L.Jaivenkatesh
ORDER
This Writ Petition has been filed seeking a direction to the
respondents to consider the petitioner's representation dated 18.02.2021
in the light of the orders of the Tamil Nadu Electricity Regulatory
Commission dated 04.05.2020 delivered in proceedings no.2 of 2020.
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W.P.No.14732 of 2021
2.The learned counsel for the petitioner submitted that the
petitioner University made a representation on 18.02.2021 to the
respondents to consider its representation in the light of the orders of
the Tamil Nadu Electricity Regulatory Commission dated 04.05.2020
delivered in proceedings no.2 of 2020 and the judgment of this Court in
WP.Nos.7678 & 7679 of 2020 and etc batch. But so far, no order has
been passed by the respondents. Hence, the present Writ Petition has
been filed by the petitioner.
3.Heard Mr.Saravana Kumar, learned counsel for the
petitioner and Mr.L.Jaivenkatesh, learned counsel for the respondents.
4.This Court has also passed several identical orders by
directing the authorities to pass appropriate orders taking note of the
earlier orders passed by this Court. On earlier occasions, in
W.P.Nos.7678 and 7679 of 2020 etc. batch, this Court having considered
the facts and circumstances and the similar issue as involved in the
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W.P.No.14732 of 2021
present Writ Petition, has held as under in para 45:
"45 The above discussion leads this Court
to the only conclusion that the maximum demand charges
and the compensation charges levied by TANGEDCO
against the petitioners who are HT consumers, is illegal,
unsustainable and in violation of the statutory regulations.
Accordingly, the Maximum Demand Charges and the
compensation towards low PF that have been questioned
in the impugned bills raised by the TANGEDCO for each
of the consumers who are parties in these batch of writ
petitions, is hereby quashed. The following directions are
also issued by this Court:
a) TANGEDCO shall issue a revised bill to the petitioners
by applying Regulation 6(b) of the Supply Code for the
entire period when the establishment was under shut
down;
b) If TANGEDCO has already recovered the entire dues
from any of the petitioners, the bill shall be reworked in
accordance with the direction given in Clause (a) and the
excess amount shall be adjusted towards the future bills;
c) If the demand made by TANGEDCO has been adjusted
from the security deposit and any of the petitioner has
been asked to pay any amount towards additional security
deposit on that count, the said claim shall be withdrawn
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W.P.No.14732 of 2021
forthwith and the calculation of the additional security
deposit shall be independently done under Regulation 5 of
the Supply Code and demand/ adjustment shall be done in
accordance with the said Regulation;
d) The TANGEDCO shall not levy compensation charges
towards low PF from the petitioners during the period he
compensation charges levied by TANGEDCO against the
petitioners who are HT consumers, is illegal,
unsustainable and in violation of the statutory regulations.
Accordingly, the Maximum Demand Charges and the
compensation towards low PF that have been questioned
in the impugned bills raised by the TAof lockdown. Even
if such levy is made in future, show cause notice shall be
issued to the consumer and an opportunity shall be given
to the consumer before levying any compensation under
Clause 6.1.1.6 of the Tariff Regulation;
e) If any amount has already been recovered towards levy
of compensation charges for low PF from any of the
petitioners, the said amount shall be adjusted towards
future bills;
f) These directions will apply only for the period during
which the establishment was under total lockdown due to
the orders issued by the Government and it is made clear
that it pertains only to the Minimum Charges payable
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W.P.No.14732 of 2021
under Regulation 6(b) of the Supply Code and there is no
exemption or concession insofar as the charges payable
for the actual consumption of electricity (Energy
Charges); and
g) If any of the establishments continue to be under
lockdown due to the Government Orders passed in this
regard, the minimum charges alone shall be collected till
the lifting of the lockdown."
5. Having regard to the above, this Court is of the view that the
above said order will hold good to the present Writ Petition also.
Accordingly, the Writ Petition is disposed of, directing the respondents
to consider the representation of the petitioner dated 18.02.2021 in the
light of the above cited order of this Court and on merits and in
accordance with law within a period of 8 weeks from the date of receipt
of a copy of this order. No costs.
19.07.2021
Index : Yes/No
Internet : Yes/No
dn
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W.P.No.14732 of 2021
To
1.The Tamil Nadu Generation & Distribution
Corporation Limited(TANGEDCO),
rep. by its Chairman and Managing Director,
144, Anna Salai, Chennai -600 002
2.The Chief Financial Controller-Revenue
TANGEDCO Ltd.,
NPKRR Maligai, No.144, Anna Salai,
Chennai-600 002
3.The Tamil Nadu Electricity Regulatory Commission,
No.19-A, Rukmani Lakshmipathy Road,
Egmore, Chennai-600 008
4.The Government of Tamil Nadu,
rep. by its Secretary to Government,
Energy Department, Fort St George,
Chennai-600 009
5.The Superintending Engineer,
TANGEDCO,
CEDC/SOUTH-II,
110, KV, SS Building, K.K.Nagar,
Chennai-600 078
6.The Deputy Financial Controller,
TANGEDCO,
CEDC/SOUTH-II,
110, KV, SS Building, K.K.Nagar,
Chennai-600 078.
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W.P.No.14732 of 2021
D.KRISHNAKUMAR, J.,
dn
Order made in
W.P.No.14732 of 2021
19.07.2021
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