Madras High Court
M/S.Dcw Ltd vs Tamil Nadu Generation & ... on 2 August, 2022
WP.No.3465/2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
WP.No.3465/2016 & WMP.No.2837/2016
M/s.DCW Ltd.,
rep.by its Senior General Manager [Electrical]
35B, Anna Salai, Thousand Lights
Chennai 600 006. ... Petitioner
Vs
1.Tamil Nadu Generation & Distribution
Corporation Limited [TANGEDCO]
147, Anna Salai, Chennai 600 002
rep.by its Managing Director.
2.Chief Financial Controller-Revenue
Tamil Nadu Generation & Distribution
Corporation Limited , 144,
Anna Salai, Chennai 600 002.
3.The Superintending Engineer
Tuticorin Electricity Distribution Circle
Ettayapuram Road,
Tuticorin 628 002. ... Respondents
Prayer: Writ Petition filed Article 226 of the Constitution of India praying
for issuance of a writ of mandamus directing the respondents to pay a sum
1/7
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WP.No.3465/2016
of Rs.13,95,087/- for refund of E-Tax on MD charges collected from
December 2012 to March 2015, a sum of Rs.1,64,000/- for refund of meter
rent collected from March 2009 to December 2015 and Rs.5,53,644/-
towards interest on Security Deposit withheld ; being sums that are lawfully
payable to the petitioner together with interest at 18% p.a. from the dates the
said sums became due.
For Petitioner : Mr.Rahul Balaji
For RR 1 to 3 : Mr.M.Abul Kalam
Standing counsel
ORDER
(1) The prayer in the writ petition reads as follows:-
''Writ petition filed for issuance of a writ of
mandamus directing the respondents to pay a sum of
Rs.13,95,087/- for refund of E-Tax on MD charges
collected from December 2012 to March 2015, a sum of
Rs.1,64,000/- for refund of meter rent collected from
March 2009 to December 2015 and Rs.5,53,644/-
towards interest on Security Deposit withheld ; being
sums that are lawfully payable to the petitioner
together with interest at 18% p.a. from the dates the
said sums became due.''
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WP.No.3465/2016
(2) Heard Mr.Rahul Balaji, learned counsel for the petitioner and
Mr.M.Abul Kalam, learned Standing counsel for the respondents.
(3) The petitioner seeks refund of the following amounts:-
i. E-Tax of maximum demand charges collected for the period
between December 2012 and March 2015-Rs.13,95,087/-.
ii. Refund of Meter rent collected for the period from March 2009
to December 2015-Rs.1,64,000/-.
iii. Interest on Security Deposit calculated at 18% per annum
amounting to Rs.5,53,644/-.
(4) As regards the first item that is claimed, the same is covered by the
order of this Court in WP.Nos.25164, 25165 and 25166/2011 dated
29.08.2019. Paragraph No.2 of the said order reads as follows:-
''2.In view of the issue raised in the present
writ petition being settled against the petitioner in
terms of the Division Bench judgment in WP.Nos.159 of
2008 [batch], decided on 15.06.2012 and thereafter,
the Hon'ble Supreme Court having entertained the
Special Leave Appeals against the said judgment
bearing Special Leave Appeal (Civil) Nos.24685 to
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WP.No.3465/2016
24719 of 2012 dated 31.08.2012, with an interim
direction restraining the respondents therein from
taking any coercive steps for disconnecting the supply
of electricity to the premises of the petitioner therein,
subject to that petitioner paying all the charges / dues
except tax calculated on the basis of maximum demand,
it is agreed that the present writ petition be disposed of
in the terms aforesaid, with the agreement that the
ultimate fate of the matter before the Hon'ble Supreme
Court would also govern the present petitioner and the
same interim order would continue to enure for the
benefit of the writ petitioner during the pendency of the
Special Leave Appeals.''
(5) In view of the above, the petitioner has to await the disposal of the
case before the Hon'ble Supreme Court of India. The petitioner
would be entitled to the benefits of the interim orders that are passed
in the pending Special Leave Petitions.
(6) As regards the second item is concerned, it is clear from the Circular
issued by the TANGEDCO dated 10.02.2016 that Meter rent shall
not be collected from customers who are willing to pay or had paid
the cost of the Meter. It is not in dispute that the petitioner has paid
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WP.No.3465/2016
the cost of the Meter. Therefore, the collection of Meter rent from
the petitioner cannot be justified.
(7) Hence, the petitioner will be entitled to the refund of the Meter rent
collected. However, considering the request made by the learned
counsel for TANGEDCO, the said sum of Rs.1,64,000/- should be
adjusted from the future current consumption charges payable by
the petitioner.
(8) This leaves us only with the interest on Security Deposit. Though
the petitioner had claimed a sum of Rs.5,53,644/- as interest
calculated at 18% per annum on the Security Deposit of
Rs.1,42,10,970/- for a period of 79 days, namely, the delay in
repayment of the Security Deposit, in view of the orders passed by
the TNERC in Order No.2/2015 dated 19.02.20215, fixing the
interest payable on the Security Deposit for current consumption
charges at 9% at the relevant time, the petitioner would be entitled
to interest at 9% on Rs.1,42,10,970/- for a period of 79 days. Even
this interest amount calculated as above, would be adjusted from the
future current consumption charges payable by the petitioner.
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WP.No.3465/2016
(9) The writ petition stands disposed of as above. No costs.
Consequently, connected miscellaneous petition is closed.
02.08.2022
AP
Internet : Yes
Index : Yes / No
To
1.The Managing Director
Tamil Nadu Generation & Distribution
Corporation Limited [TANGEDCO]
147, Anna Salai, Chennai 600 002.
2.Chief Financial Controller-Revenue
Tamil Nadu Generation & Distribution
Corporation Limited , 144,
Anna Salai, Chennai 600 002.
3.The Superintending Engineer
Tuticorin Electricity Distribution Circle
Ettayapuram Road,
Tuticorin 628 002.
https://www.mhc.tn.gov.in/judis
WP.No.3465/2016
R.SUBRAMANIAN, J.
AP
WP.No.3465/2016
02.08.2022
https://www.mhc.tn.gov.in/judis
