Madras High Court
Rep. By Its Authorized Signatory ... vs The Chairman on 29 July, 2022
W.P.No.28577 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
W.P.No.28577 of 2017
M/s.Toolfab Engineering Industries Pvt. Ltd.,
HTSC No.144, E 3-10, Developed Plots Estate
Thuvakudi, Trichy – 620015.
Rep. by its Authorized Signatory B.Sabapathy .. Petitioner
Vs.
1.The Chairman
Tamil Nadu Generation and Distribution
Corporation Limited,
144, Anna Salai, Chennai 600 002.
2. Director Finance,
Tamil Nadu Generation and Distribution,
Corporation Limited,
144, Anna Salai, Chennai 600 002.
3. The Chief Financial Controller – Revenue,
Tamil Nadu Generation and Distribution,
Corporation Limited, 7th Floor,
144, Anna Salai, Chennai 600 002.
4. The Superintending Engineer,
TANGEDCO,
Trichy Electricity Distribution Circle,
Trichy.
1/7
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W.P.No.28577 of 2017
5. The Superintending Engineer,
TANGEDCO,
Thirunelveli Electricity Distribution Circle,
Thirunelveli.
6. The Tamilnadu Electricity Regulatory Commission,
Rep. By its Secretary,
No.19A, Rukmini Lakshmipathi Salai,
Egmore, Chennai 600 008. ..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of Writ of Certiorarified Mandamus calling for the records
of the third respondent' proceedings bearing Lr.No.CFC/FC/REV/AAO
/HT/D.419/2014 dated 11.07.2014 insofar as the petitioner is concerned and
the consequential impugned demand notice in
Lr.No.SE/TEDC/M/TY/DFC/HT/F.HT/F.HT SC No.144/D 40/2013 dated
17.02.2014 issued by the fourth respondent and quash the same as being
arbitrary, illegal and without authority of law and contrary to the provisions of
the Electricity Act 2003 and consequently forbear the fourth respondent to
give refund/ adjustment Rs.8,94,319/- illegally collected from the petitioner
and also give payment of the outstanding dues of Rs.1,68,64,582/- (for the
year of 2011-2012, 2012-2013 & 2013-2014) payable to the petitioner or give
adjustment in future current consumption charges payable by the petitioner till
the entire amount is adjusted.
For Petitioner : Mr.R.S.Pandiyaraj
For Respondents : Mr.M.Abulkalam,
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W.P.No.28577 of 2017
Standing Counsel
ORDER
Challenge in this writ petition is to the demand made by
TANGEDCO on the premise that the petitioner had lost its captive status
because of the non-consumption of 51% of energy generated by its wind
energy generation plant, due to non-consumption of more than 51% of power
so generated.
2. It is the contention of the petitioner that the non-consumption is
due to power cuts and load shedding by the respondents. The Tamil Nadu
Electricity Regulatory Commission (TNERC) dealt with a similar issue in
DRP.No.18 of 2013. The Commission by its order dated 17.08.2021
concluded that if the non-consumption is due to the power cuts and load
shedding, then the consumer cannot be blamed for non-consumption. On the
said finding, the Commission had directed the respondent viz., the
TANGEDCO to re-work the demand and re-fund the energy amount paid by
the petitioner.
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W.P.No.28577 of 2017
3. This Court also had an occasion to consider similar situation in
W.P.No.6112 of 2017, wherein, this Court after referring to the order of the
Regulatory Commission referred to supra allowed the writ petition setting
aside the demand. Similar view was also expressed by this Court in
W.P.No.533 of 2015.
4. In view of the above judicial pronouncement this writ petition
will stand allowed. The impugned demand is quashed. The TANGEDCO
would re-work the calculation based on the judgment of the TNERC referred
to above and make payments due to the petitioner. The said exercise shall be
carried out within a period of 4 months from the date of receipt of a copy of
the order. No costs.
29.07.2022
dsa
Index:Yes/No
Internet:Yes/No
Speaking order/Non-Speaking order
https://www.mhc.tn.gov.in/judis
W.P.No.28577 of 2017
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W.P.No.28577 of 2017
To:-
1.The Chairman
Tamil Nadu Generation and Distribution
Corporation Limited,
144, Anna Salai, Chennai 600 002.
2. Director Finance,
Tamil Nadu Generation and Distribution,
Corporation Limited,
144, Anna Salai, Chennai 600 002.
3. The Chief Financial Controller – Revenue,
Tamil Nadu Generation and Distribution,
Corporation Limited, 7th Floor,
144, Anna Salai, Chennai 600 002.
4. The Superintending Engineer,
TANGEDCO,
Trichy Electricity Distribution Circle,
Trichy.
5. The Superintending Engineer,
TANGEDCO,
Thirunelveli Electricity Distribution Circle,
Thirunelveli.
6. The Secretary,
Tamilnadu Electricity Regulatory Commission,
No.19A, Rukmini Lakshmipathi Salai,
Egmore, Chennai 600 008.
https://www.mhc.tn.gov.in/judis
W.P.No.28577 of 2017
R.SUBRAMANIAN, J.
dsa
W.P.No.28577 of 2017
29.07.2022
https://www.mhc.tn.gov.in/judis
