Paradigam Granties P Ltd vs The Tangedco
2022 Latest Caselaw 11682 Mad

Citation : 2022 Latest Caselaw 11682 Mad
Judgement Date : 1 July, 2022

Madras High Court

Paradigam Granties P Ltd vs The Tangedco on 1 July, 2022

                                                                          WP No.4522 of 2016

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 01.07.2022

                                                        CORAM

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                              W.P.No.4522 of 2016
                                                      and
                                          W.M.P.Nos.3860 & 3861 of 2016


                     Paradigam Granties P Ltd.,
                     HTSC No.418,
                     SF.No.293 & 295, Nallaganakothapally Village,
                     Hosur – 635117, represented by its
                     General Manager, H.C.Manjunath                            ...Petitioner

                                                           Vs.

                     1.The TANGEDCO,
                       Rep. By its Chairman,
                       No.800, Anna Salai,
                       Chennai – 600 002.

                     2.The Superintending Engineer,
                       Krishnagiri Electricity Distribution Circle,
                       TANGEDCO, Krishnagiri.

                     3.The Deputy Financial Controller,
                       Krishnagiri Electricity Distribution Circle,
                       TANGEDCO, Krishnagiri.




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                                                                                 WP No.4522 of 2016

                     4.Central Electricity Authority (CEA)
                       Represented by its Chairperson,
                       6th Floor, Sewa Bhawan, R.K.Puram,
                       New Delhi – 110 066.

                     5.Tamil Nadu Electricity Regulatory Commission (TNERC),
                       Represented by its Secretary,
                       19-A, Rukmini Lakshmipathy Salai (Marshall's Road)
                       Egmore, Chennai – 600 008.                            ... Respondents

                     Prayer:- Writ petition filed under Article 226 of the Constitution of India
                     praying to issue a Writ of Certiorarified Mandamus, to call for the records of
                     the 3rd respondent's the impugned CC bills dated 31.12.2015 in so far as it
                     relates to the levy of Harmonic compensation charges to a tune of
                     RS.3,31,835/- in Serial No.15 and the consequential demand notice bearing
                     Lr.No.SE/KEDC/KGI/DFC/AO/AAO-HT/AS/RCS-
                     HT/F.Harmonics/D.192/2016        dated   12.01.2016    issued   by   the   2nd
                     respondent, 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 against Tariff order dated 20.06.2013
                     issued by the 5th respondent and consequently forbearing the 2 nd respondent
                     from in any manner levying, demanding and / or collecting surcharges for
                     not providing the harmonic controls from the petitioner who is connected
                     with 11 KV supply line and also give refund/ adjustment of Rs.3,31,835/-
                     already collected from the petitioner.




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                                                                                          WP No.4522 of 2016



                                        For Petitioner          : Mr.S.P.Parthasarthy

                                        For Respondents         : Ms.V.Revathy for
                                                                  Mr.L.Jaivenkatesh, Standing Counsel
                                                                               for TNEB



                                                             ORDER

The reliefs sought for in this writ petition are as follows:

to call for the records of the 3rd respondent's the impugned CC bills dated 31.12.2015 in so far as it relates to the levy of Harmonic compensation charges to a tune of Rs.3,31,835/- in Serial No.15 and the consequential demand notice bearing Lr.No.SE/KEDC/KGI/DFC/AO/AAO-HT/AS/RCS-

HT/F.Harmonics/D.192/2016 dated 12.01.2016 issued by the 2nd respondent, 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 against Tariff order dated 20.06.2013 issued by the 5th respondent and consequently forbearing the 2nd respondent from in any manner levying, demanding and / or collecting surcharges for not providing the

https://www.mhc.tn.gov.in/judis WP No.4522 of 2016

harmonic controls from the petitioner who is connected with 11 KV supply line and also give refund/ adjustment of Rs.3,31,835/- already collected from the petitioner.

2. The learned counsel for the petitioner 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, this writ petition is also disposed of on the same lines and

the impugned demand notice is quashed. No costs. Consequently,

connected writ miscellaneous petitions are closed.

01.07.2022 kkn Index: No Internet: Yes Speaking

https://www.mhc.tn.gov.in/judis WP No.4522 of 2016

To:-

1.The Chairman, TANGEDCO, No.800, Anna Salai, Chennai – 600 002.

2.The Superintending Engineer, Krishnagiri Electricity Distribution Circle, TANGEDCO, Krishnagiri.