Madras High Court
Lakshman Ganessan Processing (P) ... vs Tamil Nadu Electricity ... on 9 February, 2022
W.P.No.9431 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
W.P.No. 9431 of 2011
and
MP.No.1 of 2011
Lakshman Ganessan Processing (P) Ltd., HTSC No.43]
S.F.No.348, Thottipalayam Village,
Angeripalayam – Tirupur – 641603,
rep. its Authorised Signatory, P.Sampath ...Petitioner
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.
3.The Superintending Engineer,
Tirupur Electriciy Distribution Circle,
Tamil Nadu Electricity Board,
Tirupur. ..Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd
1/7
https://www.mhc.tn.gov.in/judis
W.P.No.9431 of 2011
respondent in his Notice SE/TEDC/TPR/DFC/AAO/HT/AS/F. Peak Hour
Penalty /D052/11 dated 18.03.2011 and quash the same in so far as it relates
to levy of penalty for exceeding quota during evening peak hour as illegal,
arbitrary, without the authority of law.
For Petitioner : Mr.S.Parthasarathy for
Mr.R.S.Pandiyaraj
For Respondents : Mr.L.Jai Venkatesh, Senior Counsel
ORDER
The respondent / Electricity Board imposed excess charges on the
excess consumption during peak hour period on the consumers like the
petitioner. The imposition of the peak hour charges has been challenged
before this Court, which was later transferred to the Electricity Regulatory
Commission. The Electricity Regulatory Commission has upheld the
collection of excess charges on excess consumption during peak hour. The
relevant portion of the order dated 04.05.2010 passed by the Electricity
Regulatory Commission, which reads as follows:-
“Para 11.7 para 3.9 of the order of the commission
in RPNo.2 of 2008 explicitly states as follows,
It must be borne in mind that excess demand
https://www.mhc.tn.gov.in/judis
W.P.No.9431 of 2011
charges and excess energy charges are liable in addition to
the penalty of drastic reduction of electricity supply to 5% (or
10%) during the following 48 hrs as the case may be for
violation of restriction and control measures.”
2.Upon an appeal, the Appellate Tribunal for Electricity (APTEL)
has quashed the order of the Electricity Regulatory Commission and
restricted the respondent / Electricity Board from collecting excess charges
and held that the levy of excess charges prior to 04.05.2010 is not
sustainable, against which, the respondent / Electricity Board has preferred
an appeal before the Hon'ble Supreme Court in Civil Appeal Nos.1090 –
1099 of 2011 and the Hon'ble Supreme Court vide order dated 04.02.2011
granted an interim order, on condition that the Electricity Board furnish a
bank guarantee to the tune of Rs.75,00,00,000/- within two weeks. The said
order of the Hon'ble Supreme Court, reads as follows:-
“The appellant is hereby directed to furnish Bank
Guarantee of a Nationalised Bank in favour of the Registrar
(Judicial) of the Supreme Court in the sum of Rupees seventy
five crores within two weeks. On furnishing such Bank
Guarantee, impugned judgment is stayed.”
https://www.mhc.tn.gov.in/judis
W.P.No.9431 of 2011
3.Since the issue involved in the present writ petition is subjudice
before the Hon'ble Supreme Court, this present writ petition is disposed of
subject to the out come of the civil appeals pending before the Hon'ble
Supreme Court. The respondent / Electricity Board is directed to maintain
status-quo till such time. No costs. Consequently, connected miscellaneous
petition is closed.
09.02.2022
kkn
Internet:Yes/No
Index:Yes/No
Speaking / Non-speaking order
https://www.mhc.tn.gov.in/judis
W.P.No.9431 of 2011
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,
Tirupur Electriciy Distribution Circle,
Tamil Nadu Electricity Board,
Tirupur.
https://www.mhc.tn.gov.in/judis
W.P.No.9431 of 2011
M.GOVINDARAJ, J.
KKN
W.P.No. 9431 of 2011
and
MP.No.1 of 2011
https://www.mhc.tn.gov.in/judis
W.P.No.9431 of 2011
09.02.2022
https://www.mhc.tn.gov.in/judis
