Madras High Court
M/S.Daesung Electric India P Ltd vs The Tangedco on 4 July, 2022
W.P.No.3162 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2022
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
W.P.No.3162 of 2017
and
W.M.P.Nos.3094 to 3096 of 2017
M/s.Daesung Electric India P Ltd.,
HTSC No.237
No.118, Pudur Village,
Thiruvalangadu (Post), Kunnavalam (Via),
Tiruvallur – 631 210.
Rep. by its Executive Director Pillso Lim ... Petitioner
vs.
1.The TANGEDCO,
Rep. by its Chairman,
No.144, Anna Salai,
Chennai – 600 002.
2.The Chief Financial Controller – Revenue
TANGEDCO,
144, Anna Salai, Chennai – 600 002.
3.The Superintending Engineer,
Kancheepuram Electricity Distribution Circle,
TANGEDCO, Kancheepuram – 631 502.
4.The Deputy Financial Controller,
Kancheepuram Electricity Distribution Circle,
TANGEDCO, Kancheepuram – 631 602.
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.3162 of 2017
5.Central Electricity Authority
Represented by its Chairperson,
6th Floor, Sewa Bhawan, R.K.Puram,
New Delhi – 110 066.
6.Tamil Nadu Electricity Regulatory Commission,
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, calling for the records
of the 3rd respondent's impugned notice bearing
Lr.NO.SE/KEDC/KPM/AEEGL/AE2/F.HARMONICS/D.897/17 dated
25.01.2017 and the consequential impugned CC bill dated 31.01.2017
issued by the 4th respondent insofar as it relates to the levy of Harmonic
compensation charges to a tune of Rs.3,60,470/- in Serial No.15 alone and
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 2nd and 4th 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 direct the respondents to given refund of
Rs.33,65,320/- illegally collected from the petitioner towards Harmonics
compensation charges for the period from October/2015 to November/2016.
2/6
https://www.mhc.tn.gov.in/judis
W.P.No.3162 of 2017
For Petitioner : Mr.R.S.Pandiyaraj
For Respondents : Ms.V.Revathy
for Mr.L.Jaivenkatesh
Standing Counsel
ORDER
The relief sought for in these writ petitions are as follows:
“To call for the records of the 3rd respondent's
impugned notice bearing Lr.No.SE/KEDC/KPM/
AEEGL/ AE2/F.HARMONICS/ D.897/17 dated
25.01.2017 and the consequential impugned CC bill
dated 31.01.2017 issued by the 4th respondent insofar
as it relates to the levy of Harmonic compensation
charges to a tune of Rs.3,60,470/- in Serial No.15
alone and 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 2nd and 4th 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 direct the
respondents to refund Rs.33,65,320/- illegally
collected from the petitioner towards Harmonics
https://www.mhc.tn.gov.in/judis
W.P.No.3162 of 2017
compensation charges for the period from
October/2015 to November/2016.”
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, the
connected Writ Miscellaneous Petitions are closed.
04.07.2022
jv
Index: Yes/ No
Internet: Yes/ No
Speaking order/ Non-speaking order
https://www.mhc.tn.gov.in/judis
W.P.No.3162 of 2017
To
1.The Chairman,
TANGEDCO,
No.144, Anna Salai,
Chennai – 600 002.
2.The Chief Financial Controller – Revenue
TANGEDCO,
144, Anna Salai, Chennai – 600 002.
3.The Superintending Engineer,
Kancheepuram Electricity Distribution Circle,
TANGEDCO, Kancheepuram – 631 502.
4.The Deputy Financial Controller,
Kancheepuram Electricity Distribution Circle,
TANGEDCO, Kancheepuram – 631 602.
5.The Chairperson,
Central Electricity Authority
6th Floor, Sewa Bhawan, R.K.Puram,
New Delhi – 110 066.
6.The Secretary,
Tamil Nadu Electricity Regulatory Commission,
19-A, Rukmini Lakshmipathy Salai,
(Marshall's Road), Egmore,
Chennai – 600 008.
https://www.mhc.tn.gov.in/judis
W.P.No.3162 of 2017
R.SUBRAMANIAN, J.
jv
W.P.No.3162 of 2017
and
W.M.P.Nos.3094 to 3096 of 2017
04.07.2022
https://www.mhc.tn.gov.in/judis
