Madras High Court
Sri Saravanabavaa Entertainment ... vs Tamil Nadu Generation And ... on 7 October, 2021
W.P(MD)No.13363 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.10.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD)No.13363 of 2021
and
W.M.P(MD).Nos.10332 and 10333 of 2021
Sri Saravanabavaa Entertainment Private Limited,
Represented by its Director,
Mr.Harris Jayaraj ... Petitioner
Vs.
1.Tamil Nadu Generation and Distribution
Corporation Limited (TANGEDCO),
Represented by its Chairman and Managing Director,
No.144, Anna Salai,
Chennai-600 002.
2.The Accounts Officer/Revenue,
Tamil Nadu Generation and Distribution
Corporation Limited (TANGEDCO)/TEDC,
Thanjavur. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, by calling for
the records leading to the issuance of the original impugned High Tension Bills
(Provisional) issued by the second respondent for the months of May 2021
dated 04.06.2021 and June 2021 dated 03.07.2021 pertaining to Service No.
1/8
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W.P(MD)No.13363 of 2021
069094440039 in violation Regulation 6 (b) of the Tamil Nadu Electricity
Supply Code, 2004 and quash the same and direct the respondents to rework
the HT bill with service number 069094440039 and the excess amount shall be
adjusted towards the future bills and the minimum charges alone shall be
collected by the second respondent for the period from May 2021 to June 2021
and not to levy any penalty for the period of lockdown.
For Petitioner : Mr.Vijayan Subramanian
For Respondents : M/s.M.Rajeswari
For Mr.S.M.S.Johnny Basha
Standing Counsel for TANGEDCO
ORDER
This Writ Petition relates to HT bills in respect of specific months
in 2021.
2. The petitioner states that the TANGEDCO has raised HT bills
even during the lockdown period making a demand for demand charges as well
as compensation charges towards low PF. In this regard, the petitioner relies
upon the order passed by this Court in a batch of writ petitions, in which the
lead petition is W.P.No.7678 of 2020. The petitioner draws the attention of the
Court to the said order dated 14.08.2020 and it is pointed out that the said order
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W.P(MD)No.13363 of 2021
was a detailed order which took into consideration all material facts, including
proceedings of the TNERC and appellate proceedings before the APTEL.
Upon such detailed discussion and analysis, it is pointed out that directions
were issued in paragraph 45 of the said order. The petitioner states that this Writ
Petition is covered by the said order and, therefore, the petitioner prays that
orders be issued in terms of the said order.
3. On the contrary, TANGEDCO submits that the said order only
pertains to the lockdown occasioned by the first wave of the Covid-19
pandemic in the year 2020. Therefore, it is submitted that such order should not
be applied in respect of the lockdown occasioned by the second wave of the
pandemic in 2021. The second submission on behalf of TANGEDCO is that the
order of the TNERC pursuant to the lockdown during the first wave was carried
in appeal before the APTEL. The APTEL granted an interim order whereby the
order of the TNERC was stayed and proceedings before the APTEL are
pending. The third contention of TANGEDCO is that Regulation 6(b) is not
applicable as regards some months during which the relevant petitioner is
claiming relief because there was no lockdown during the said month. The
fourth contention of TANGEDCO is that the consumption by the petitioner
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W.P(MD)No.13363 of 2021
exceeded the 20% specified in Regulation 6(b) of the Electricity Supply Code.
For all these reasons, TANGEDCO submits that the relief prayed for should not
be granted.
4. Without doubt, the order dated 14.08.2020 of this Court in the
batch of cases of which the lead case is W.P.No.7678 of 2020 was issued in
respect of the lockdown during the first wave of the Covid-19 pandemic.
However, the principle on the basis of which the said judgment was rendered
would apply equally to the second wave of the pandemic provided such second
wave resulted in a lockdown during the relevant months. In fact, this aspect is
also taken care of by the said order in paragraph 45(a). Such paragraph makes
it clear that a revised bill should be issued to the petitioner by applying
Regulation 6(b) of the Supply Code for the entire period when the
establishment was shut down. Therefore, the apprehension of TANGEDCO on
such count is misplaced.
5. With regard to the pending proceedings before the APTEL, as
correctly pointed out by learned counsel for the petitioner, the order of APTEL
was issued in May 2020, whereas the order of this Court was in August 2020.
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W.P(MD)No.13363 of 2021
Therefore, this Court took into account the proceedings before TNERC and
APTEL before issuing the order. Consequently, the contention of TANGEDCO
on such basis cannot be accepted. The contention of TANGEDCO that the
consumption exceeded 20% is also taken care of by Regulation 6(b) which
provides that “the Licensee may recover from the consumer minimum charges
at 20% of the billable demand or recorded demand whichever is higher besides
charges for the actual consumption of electricity”. It is a different matter that
TANGEDCO may still be able to maintain that there was no lockdown at all
during a relevant month and that, therefore, Regulation 6(b) is not applicable in
respect of such month. As stated above, the said contingency is also provided
for in the order dated 14.08.2020. It is brought to the notice of the Court that
appeals have been filed in respect of the order dated 14.08.2020 by the
TANGEDCO and that the said appeals are pending before the Hon'ble Division
Bench. Therefore, this order would also abide by the decision of the Hon'ble
Division Bench, inasmuch as the order dated 14.08.2020 has been followed
herein.
6. Therefore, keeping in mind the fact that a detailed order was
issued by this Court on 14.08.2020 in W.P.No.7678 of 2020 and related cases
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W.P(MD)No.13363 of 2021
and such order was the basis of several subsequent orders, I see no reason to
depart from the view taken therein.
7. Accordingly, W.P.(MD).No.13363 of 2021 is disposed of in
terms of the directions issued in paragraph 45 of the order dated 14.08.2020 in
W.P.No.7678 of 2020 and related cases subject to the observations in
paragraphs 4 and 5 of this order. There will be no order as to costs.
Consequently, W.M.P.(MD)Nos.10332 and 10333 of 2021 are closed.
07.10.2021
Index : Yes / No
Internet : Yes/ No
tsg/nsr
Note : In view of the present lockdown owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
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W.P(MD)No.13363 of 2021
To
1.Tamil Nadu Generation and Distribution
Corporation Limited (TANGEDCO),
Represented by its Chairman and Managing Director,
No.144, Anna Salai,
Chennai-600 002.
2.The Accounts Officer/Revenue,
Tamil Nadu Generation and Distribution
Corporation Limited (TANGEDCO)/TEDC,
Thanjavur.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.13363 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
tsg/nsr
W.P(MD)No.13363 of 2021
07.10.2021
https://www.mhc.tn.gov.in/judis/
