Madras High Court
Sunrays Textiles Process [Pvt] ... vs The Tangedco on 2 August, 2022
WP.Nos.53 to 56 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.08.2022
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
W.P.Nos.53 to 56/2017
and
W.M.P.Nos.52 to 63 of 2017
Sunrays Textiles Process [Pvt] Ltd
HTS.No.254, No.15, Bose Street
Sellur, Madurai 625 002
rep by its Authorized Signatory
S.Pugalenthi ... Petitioner in
W.P.No.53/2017
Mls.Aruna Alloy Steels [P] Ltd
HTSC.No.185
Narasingampatty, Melur Road
Madurai 625 112 represented
by its Authorized Signatory
Mr.S.R.Chidambaram ... Petitioner in
W.P.No.54/2017
Meenakshi Fabrics
HTSC No.238
Shed No.88, SIDCO Industrial estate
Kappalur, Madurai 625008
rep.by its Partner P.Ramesh Kumar ... Petitioner in
W.P.No.55/2017
1/7
https://www.mhc.tn.gov.in/judis
WP.Nos.53 to 56 of 2017
Patil Rail Infrastructure Pvt Ltd
HTSC No.177, [Formerly known as
M/s.Rayalaseema Concreate Sleepers [P]
Ltd], Thirumangalam, Madurai 625 706
rep.by its Authorized Signatory
K.R.Gururajan ... Petitioner in
WP.No.56/2017
vs.
1.The TANGEDCO,
Rep. by its Chairman,
No.144, Anna Salai, Chennai – 600 002.
2.The Chief Financial Controller-Reenue
TANGEDCO, 144, Anna Salai
Chennai 600 002.
3.The Superintending Engineer,
Madurai, Electricity Distribution Circle
TANGEDCO, Madurai.
4.Central Electricity Authority
Represented by its Chairperson,
6th Floor, Sewa Bhawan, R.K.Puram,
New Delhi – 110 066.
5.Tamil Nadu Electricity Regulatory Commission,
Represented by its Secretary,
19-A, Rukmini Lakshmipathy Salai,
(Marshall's Road), Egmore,
Chennai – 600 008. ... Respondents in
all WPs
https://www.mhc.tn.gov.in/judis
WP.Nos.53 to 56 of 2017
Prayer in WP.No.53/2017:- Writ petitions filed under Article 226 of the
Constitution of India praying to issue a Writ of Certiorarified Mandamus,
calling for the records of the 2nd respondent's impugned Circular bearing
No.CFC/FC/REV/AAO/HT/D.673/2014 dated 05.11.2014 insofar as the
petitioner is concerned and the consequential Demand Notice
Lr.No.SE/MEDC/MDU/DFC/HT/AS/F.Hormo/D.No.324/2016 dated
rd
12.12.2016 issued by the 3 respondent and quash the same as illegal,
arbitrary without the authority of law and against the provisions of the CEA
[Technical Standards for Connectivity to the Grid] Regulations, 2007 and
consequently forbearing the 2nd and 3rd respondents from in any manner
levying, demanding and/or collecting surcharges for not providing the
harmonic controls from the petitioner who is connected with 11kV supply
line.
Prayer in WP.No.54/2017:- Writ petitions filed under Article 226 of the
Constitution of India praying to issue a Writ of Certiorarified Mandamus,
calling for the records of the 2nd respondent's impugned Circular bearing
No.CFC/FC/REV/AAO/HT/D.673/2014 dated 05.11.2014 insofar as the
petitioner is concerned and the consequential Demand Notice
Lr.No.SE/MEDC/MDU/DFC/HT/AS/F.Hormo/D.No.316/2016 dated
rd
12.12.2016 issued by the 3 respondent and quash the same as illegal,
arbitrary without the authority of law and against the provisions of the CEA
[Technical Standards for Connectivity to the Grid] Regulations, 2007 and
consequently forbearing the 2nd and 3rd respondents from in any manner
levying, demanding and/or collecting surcharges for not providing the
harmonic controls from the petitioner who is connected with 11kV supply
line.
Prayer in WP.No.55/2017:- Writ petitions filed under Article 226 of the
Constitution of India praying to issue a Writ of Certiorarified Mandamus,
calling for the records of the 2nd respondent's impugned Circular bearing
No.CFC/FC/REV/AAO/HT/D.673/2014 dated 05.11.2014 insofar as the
petitioner is concerned and the consequential Demand Notice
Lr.No.SE/MEDC/MDU/DFC/HT/AS/F.Hormo/D.No.307/2016 dated
rd
082.12.2016 issued by the 3 respondent and quash the same as illegal,
https://www.mhc.tn.gov.in/judis
WP.Nos.53 to 56 of 2017
arbitrary without the authority of law and against the provisions of the CEA
[Technical Standards for Connectivity to the Grid] Regulations, 2007 and
consequently forbearing the 2nd and 3rd respondents from in any manner
levying, demanding and/or collecting surcharges for not providing the
harmonic controls from the petitioner who is connected with 11kV supply
line.
Prayer in WP.No.56/2017:- Writ petitions filed under Article 226 of the
Constitution of India praying to issue a Writ of Certiorarified Mandamus,
calling for the records of the 2nd respondent's impugned Circular bearing
No.CFC/FC/REV/AAO/HT/D.673/2014 dated 05.11.2014 insofar as the
petitioner is concerned and the consequential Demand Notice
Lr.No.SE/MEDC/MDU/DFC/HT/AS/F.Hormo/D.No.299/2016 dated
rd
08.12.2016 issued by the 3 respondent and quash the same as illegal,
arbitrary without the authority of law and against the provisions of the CEA
[Technical Standards for Connectivity to the Grid] Regulations, 2007 and
consequently forbearing the 2nd and 3rd respondents from in any manner
levying, demanding and/or collecting surcharges for not providing the
harmonic controls from the petitioner who is connected with 11kV supply
line.
For Petitioners in all
Writ Petitions : Mr.S.P.Parthasarathy
For R1 in all WPs : Mrs.V.Yamunadevi, Spl.GP
For RR2&3 in all
Writ Petitions :Mr.M.Abul Kalam, Standing Counsel
COMMON ORDER
The common relief sought for in these writ petitions are as follows:
''To call for the records of the 2nd respondent's
impugned Circular bearing
No.CFC/FC/REV/AAO/HT/D.673/2014 dated
05.11.2014 insofar as the petitioners are concerned
and the consequential Demand Notices
https://www.mhc.tn.gov.in/judis
WP.Nos.53 to 56 of 2017
Lr.No.SE/MEDC/MDU/DFC/HT/AS/F.Hormo/D. Nos.
324, 316, 307 &299/2016 dated 12.12.2016 and
08.12.2016 issued by the 3rd respondent and quash the
same as illegal, arbitrary without the authority of law
and against the provisions of the CEA [Technical
Standards for Connectivity to the Grid] Regulations,
2007 and consequently forbearing the 2nd and 3rd
respondents from in any manner levying, demanding
and/or collecting surcharges for not providing the
harmonic controls from the petitioner who is
connected with 11kV supply line.''
2. The learned counsel for the petitioners would submit that the issue
is covered by the judgment of this Court in W.P.No.18144 of 2016 dated
01.02.2022. This factual position is not disputed by the learned counsel for
the respondents.
3. Hence, these writ petitions are also disposed of on the same lines
and the impugned demand notices are quashed. No costs. Consequently,
the connected writ miscellaneous petitions are closed.
02.08.2022
AP
Internet: Yes
To
https://www.mhc.tn.gov.in/judis
WP.Nos.53 to 56 of 2017
1.The TANGEDCO,
Rep. by its Chairman,
No.144, Anna Salai, Chennai – 600 002.
2.The Chief Financial Controller-Reenue
TANGEDCO, 144, Anna Salai
Chennai 600 002.
3.The Superintending Engineer,
Madurai, Electricity Distribution Circle
TANGEDCO, Madurai.
4.Central Electricity Authority
Represented by its Chairperson,
6th Floor, Sewa Bhawan, R.K.Puram,
New Delhi – 110 066.
5.Tamil Nadu Electricity Regulatory Commission,
Represented by its Secretary,
19-A, Rukmini Lakshmipathy Salai,
(Marshall's Road), Egmore,
Chennai – 600 008.
https://www.mhc.tn.gov.in/judis
WP.Nos.53 to 56 of 2017
R.SUBRAMANIAN, J.
AP
W.P.Nos.53 TO 56/2017
02.08.2022
https://www.mhc.tn.gov.in/judis
