Madras High Court
M/S. Akhil Fab vs Tamil Naud Generation And ... on 1 July, 2022
WP.Nos.12632 and 12633 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2022
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
W.P.Nos.12632 and 12633 of 2016
and connected miscellaneous petitions
M/s. Akhil Fab
HTSC No.250
Rep. By its Proprietor R.Sivaprakash
No.1 Sengunthapuram, 2nd Cross,
Pallipalayam, Erode 638 006. ... Petitioner in W.P.No.12632/2016
M/s. Fortune Textiles Company,
HTSC No.282
Rep. By its Partner M.Shankar
No.32, Lakshmipuram, Thiruchengode Road,
Pallipalayam, Erode – 638 006. ... Petitioner in
W.P.No.12633/2016
vs.
1.Tamil Naud Generation and Distribution
Corporation Limited (TANGEDCO),
Represented by its Chairman and Managing Director,
No.144, Anna Salai, Chennai – 600 002.
2. The Chief Engineer – Commercial,
TANGEDCO,
144, Anna Salai, Chennai 600 002.
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WP.Nos.12632 and 12633 of 2016
3. The Chief Financial Controller – Revenue
TANGEDCO,
144, Anna Salai, Chennai 600 002.
4.Tamil Nadu Electricity Regulatory Commission (TNERC),
TIDCO Office Building,
No.19-A, Rukmani Lakshmipathy Salai,
Marshall's Road, Egmore,
Chennai – 600 008.
5. The Assistant Executive Engineer,
Direction and Maintenance,
TANGEDCO, Pallipalayam,
Namakkal District.
6. The Superintending Engineer,
Mettur Electricity Distribution Circle,
Mettur Dam – 636 401. ... Respondents in both the Petitions
Common Prayer:- 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 in the matter of issuance of their impugned
letters bearing Memo No.CE/Comm/EE3/AEE2/F, Harmonics/D.589/13
dated 19.08.2013 and quash the same as illegal and proceedings of the 3rd
respondent in Lr.No.CFC/FC/REV/AAO/HT/D.673/2014 dated 05.11.2014
and quash the same as illegal more specifically under the express provisions
made in the CEA (Technical Standard for Connectivity to the Grid)
Regulations, 2007 under Regulation 2 Clause 8, Clause 34 and Regulation 3
and consequently forbearing the 1 to 5 respondents, raise any demand for
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WP.Nos.12632 and 12633 of 2016
payment towards surcharges for not providing the harmonic controls to the
petitioner Unit which is connected with 22 kV supply lines.
For Petitioner : Mr.S.Pandiyaraj
(in both the petitions)
For Respondents : Ms.V.Revathy
(in both the petitions) for Mr.Abul Kalam
Standing Counsel, TNEB
COMMON ORDER
The relief sought for in these writ petitions are as follows:
“to issue a Writ of Certiorarified Mandamus,
calling for the records of the 2nd respondent in the
matter of issuance of their impugned letters bearing
Memo No.CE/Comm/EE3/AEE2/F,
Harmonics/D.589/13 dated 19.08.2013 and quash the
same as illegal and proceedings of the 3rd respondent
in Lr.No.CFC/FC/REV/AAO/HT/D.673/2014 dated
05.11.2014 and quash the same as illegal more
specifically under the express provisions made in the
CEA (Technical Standard for Connectivity to the Grid)
Regulations, 2007 under Regulation 2 Clause 8,
Clause 34 and Regulation 3 and consequently
forbearing the 1 to 5 respondents, raise any demand
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WP.Nos.12632 and 12633 of 2016
for payment towards surcharges for not providing the
harmonic controls to the petitioner Unit which is
connected with 22 kV supply lines.”
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.
01.07.2022
jv
Index: No
Internet: Yes
Non-speaking order
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WP.Nos.12632 and 12633 of 2016
To
1.Tamil Naud Generation and Distribution
Corporation Limited (TANGEDCO),
Represented by its Chairman and Managing Director,
No.144, Anna Salai, Chennai – 600 002.
2. The Chief Engineer – Commerical,
TANGEDCO,
144, Anna Salai, Chennai 600 002.
3. The Chief Financial Controller – Revenue
TANGEDCO,
144, Anna Salai, Chennai 600 002.
4.Tamil Nadu Electricity Regulatory Commission (TNERC),
TIDCO Office Building,
No.19-A, Rukmani Lakshmipathy Salai,
Marshall's Road, Egmore,
Chennai – 600 008.
5. The Assistant Executive Engineer,
Direction and Maintenance,
TANGEDCO, Pallipalayam,
Namakkal District.
6. The Superintending Engineer,
Mettur Electricity Distribution Circle,
Mettur Dam – 636 401.
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WP.Nos.12632 and 12633 of 2016
R.SUBRAMANIAN, J.
jv
W.P.Nos.12632 and 12633 of 2016
and connected miscellaneous petitions
01.07.2022
https://www.mhc.tn.gov.in/judis
