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P.C.Sons Casting (P) Ltd. vs Tamil Naud Generation And ...
2022 Latest Caselaw 11157 Mad

Citation : 2022 Latest Caselaw 11157 Mad
Judgement Date : 27 June, 2022

Madras High Court
P.C.Sons Casting (P) Ltd. vs Tamil Naud Generation And ... on 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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https://www.mhc.tn.gov.in/judis
                                                                           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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https://www.mhc.tn.gov.in/judis
                                                                                  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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https://www.mhc.tn.gov.in/judis
                                                                                 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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https://www.mhc.tn.gov.in/judis
                                                                           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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https://www.mhc.tn.gov.in/judis
                                        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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