Citation : 2022 Latest Caselaw 11684 Mad
Judgement Date : 1 July, 2022
WP.Nos.10259 to 10261 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2022
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
W.P.Nos.10259 to 10261 of 2016
and
W.M.P.Nos.9088 to 9093 of 2016
V.A.S.Noorullah & Co. HTSC.No.85
No.30, Kailasagiri Road,
Udayendiram, Vaniyambadi,
Vellore District Rep by its Manager
Muneer Ahmed.
... Petitioner in W.P.No.10259/2016
CDS Soles (P) Ltd. HTSC.No.92
Girisamudram Village & Post,
Vaniyambadi – 635 751,
Vellore District Rep by its Direcotr
N.Krishnan
... Petitioner in W.P.No.10260/2016
Nasar Tanning Company HTSC No.97
No.455, CNR Road,
Girisamudram Village & Post,
Vaniyambadi – 635 751,
Vellore District Rep by its
Authorized Signatory S.Sailesh
... Petitioner in W.P.No.10261/2016
vs.
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WP.Nos.10259 to 10261 of 2016
1.Tamil Naud Generation and Distribution
Corporation Limited (TANGEDCO),
Represented by its Chairman,
No.800, Anna Salai, Chennai – 600 002.
2.The Superintending Engineer,
Thirupathur Electricity Distribution Circle
TANGEDCO, TIRUPATTUR.
3.Central Electricity Authority
Represented by its Chairperson,
4th Floor, Sewa Bhawan, R.K.Puram,
New Delhi – 110 066.
4.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
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's impugned notices bearing
Lr.No.052/SE/TEDC/TPR/DFC/RCS/AS/A2/F.Harmonics/16 dated
04.03.2016, Lr.No.053/SE/TEDC/TPR/DFC/RCS/AS/A2/F.Harmonics/16
dated 04.03.2016 and
Lr.No.054/SE/TEDC/TPR/DFC/RCS/AS/A2/F.Harmonics/16 dated
04.03.2016, 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 1st and 2nd
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WP.Nos.10259 to 10261 of 2016
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.
For Petitioner : Mr.S.Pandiyaraj in all W.Ps
For Respondents : Ms.V.Revathy
for Mr.L.Jaivenkatesh,
Standing Counsel, TNEB in all W.Ps
COMMON ORDER
The relief sought for in these writ petitions are as follows:
To call for the records of the 2nd respondent's
impugned notices bearing
Lr.No.052/SE/TEDC/TPR/DFC/ RCS/AS/A2/
F.Harmonics/16 dated 04.03.2016,
Lr.No.053/SE/TEDC/TPR/DFC/ RCS/AS/A2/
F.Harmonics/16 dated 04.03.2016 and
Lr.No.054/SE/TEDC/TPR/DFC/ RCS/AS/A2/
F.Harmonics/16 dated 04.03.2016, 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 forbear the 1st and 2nd
respondent from in any manner levying, demanding
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WP.Nos.10259 to 10261 of 2016
and / or collecting surcharges for not providing the
harmonic controls from the petitioner who is
connected with 11 kV 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.
01.07.2022
dsa
Index: No
Internet: Yes
Non-speaking order
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WP.Nos.10259 to 10261 of 2016
To
1.Tamil Naud Generation and Distribution
Corporation Limited (TANGEDCO),
Represented by its Chairman,
No.800, Anna Salai, Chennai – 600 002.
2.The Superintending Engineer,
Thirupathur Electricity Distribution Circle
TANGEDCO, TIRUPATTUR.
3.Central Electricity Authority
Represented by its Chairperson,
4th Floor, Sewa Bhawan, R.K.Puram,
New Delhi – 110 066.
4.Tamil Nadu Electricity Regulatory Commission,
Represented by its Secretary,
19-A, Rukmini Lakshmipathy Salai,
(Marshall's Road), Egmore,
Chennai – 600 008.
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WP.Nos.10259 to 10261 of 2016
R.SUBRAMANIAN, J.
dsa
W.P.Nos.10259 to 10261 of 2016 and W.M.P.Nos.9088 to 9093 of 2016
01.07.2022
https://www.mhc.tn.gov.in/judis
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