Citation : 2022 Latest Caselaw 11157 Mad
Judgement Date : 27 June, 2022
WP Nos.9793 & 9794 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2022
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
W.P.Nos.9793 & 9794 of 2016
and
W.M.P.Nos.8778 to 8781 of 2016
P.C.Sons Casting (P) Ltd., HTSC No.559
S.F.No.321/2A1&322/6A, Pollachi Road,
Coimbatore – 21
represented by its Authorised Signatory
K.Prathap.
... Petitioner in W.P.No.9793/2016
Hi-Tech Die Cast Pvt. Ltd., HTSC No.584
S.F.No.77/1,77/& 101 Village,
Kurumbapalayam Taluk, Pollachi – 642 002.
Coimbatore
represented by its Directror A.G.Krishna
... Petitioner in W.P.No.9794/2016
vs.
1.Tamil Naud Generation and Distribution
Corporation Limited (TANGEDCO),
Represented by its Chairman and Managing Director
144, Anna Salai, Chennai – 600 002.
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WP Nos.9793 & 9794 of 2016
2.The Superintending Engineer,
Coimbatore Electricity Distribution Circle/ South
TANGEDCO, Coimbatore.
3.Central Electricity Authority (CEA)
Represented by its Chairperson,
6th Floor, Sewa Bhawan, R.K.Puram, New Delhi – 110 066.
4.Tamil Nadu Electricity Regulatory Commission (TNERC),
Represented by its Secretary,
19-A, Rukmini Lakshmipathy Salai (Marshall's Road)
Egmore, Chennai – 600 008.
... Respondents in both WPs
Common Prayer:- Writ petitions filed under Article 226 of the Constitution
of India praying to issue a Writ of Certiorarified Mandamus, to call for the
records of the 2nd respondent culminating in the impugned letter bearing
Lr.No.SE/CEDC/S/AEE.GI/AEG2/F.Harmonics/D.2570 dated 04.12.2015
and Lr.No.SE/CEDC/S/AEE.GI/AEG2/F.Harmonics/D.2691 dated
19.12.2015, quash the same and forbear the 1st and 2nd respondents, their
men, officers, agents, servants, representatives and/ or any one claiming
through or under them and/ or or any other person from in any manner
insisting on harmonic control and levying, demanding and/ or collecting
charges and compensation for harmonics dumping from the petitioner for
their HT SC Nos.559 and 584 either through the CC Bills or in any other
manner who is connected with 22kV supply line.
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WP Nos.9793 & 9794 of 2016
For Petitioner : Mr.S.Pandiyaraj
For Respondents : Ms.V.Revathy
Standing Counsel
COMMON ORDER
The relief sought for in these writ petitions are as follows:
To call for the records of the 2nd respondent
culminating in the impugned letter bearing
Lr.No.SE/CEDC/S/AEE.GI/AEG2/F.Harmonics/D.2570
dated 04.12.2015 and
Lr.No.SE/CEDC/S/AEE.GI/AEG2/F.Harmonics/D.2691
dated 19.12.2015, quash the same and forbear the 1st
and 2nd respondents, their men, officers, agents,
servants, representatives and/ or any one claiming
through or under them and/ or or any other person
from in any manner insisting on harmonic control and
levying, demanding and/ or collecting charges and
compensation for harmonics dumping from the
petitioner for their HT SC Nos.559 and 584 either
through the CC Bills or in any other manner who is
connected with 22kV supply line.
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WP Nos.9793 & 9794 of 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, these writ petitions are also disposed of on the same lines
and the impugned demand notice is quashed. No costs. No costs.
Consequently, the connected writ miscellaneous petitions are closed.
27.06.2022
dsa
Index: No
Internet: Yes
Non-speaking order
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WP Nos.9793 & 9794 of 2016
To
1.The Chairman and Managing Director,
Tamil Naud Generation and Distribution
Corporation Limited (TANGEDCO),
144, Anna Salai, Chennai – 600 002.
2.The Superintending Engineer,
Coimbatore Electricity Distribution Circle/ South
TANGEDCO, Coimbatore.
3.The Chairperson,,
Central Electricity Authority (CEA)
6th Floor, Sewa Bhawan, R.K.Puram, New Delhi – 110 066.
4.The Secretary,
Tamil Nadu Electricity Regulatory Commission (TNERC),
19-A, Rukmini Lakshmipathy Salai (Marshall's Road)
Egmore, Chennai – 600 008.
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WP Nos.9793 & 9794 of 2016
R.SUBRAMANIAN, J.
dsa
W.P.Nos.9793 & 9794 of 2016
27.06.2022
https://www.mhc.tn.gov.in/judis
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