Madras High Court
Tirupur Vijayalakshmi Spinning ... vs Tamil Nadu Electricity ... on 28 June, 2022
W.P.No.23838 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2022
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
W.P. No.23838 of 2014
and W.M.P.No.1 to 2014
Tirupur Vijayalakshmi Spinning Mills,
HT SC.No.111,
S.F.No.35, 36, Polavapalayam, Gobi (T.K),
Erode (D.T.) Nambiyur-638 458,
Tirupur Rep. by its Director D.Dinesh Kumar ... Petitioner
Vs.
1.Tamil Nadu Electricity Regulatory Commission,
Rep. By its Secretary,
19A, Rukmani lakshmipathy Salai,
Marshalls Road,
Egmore, Chennai-600 008.
2.The Chairman,
Tamil Nadu Generation and Distribution
Corporation Limited, 144, Anna Salai,
Chennai 600 002.
3.Director Finance,
Tamil Nadu Generation and Distribution
Corporation Limited, 144, Anna Salai,
Chennai 600 002.
1/7
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W.P.No.23838 of 2014
4.The Chief Financial Controller,
Tamil Nadu Generation and Distribution
Corporation Limited, 144, Anna Salai,
Chennai 600 002.
5.The Superintending Engineer,
TANGEDCO, Gobi Electricity Distribution Circle,
Gobichettipalayam.
6.The Superintending Engineer,
TANGEDCO,
Udumalpet Electricity Distribution Circle,
Udumalpet. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying to issue a Writ of Mandamus forbearing the respondent and
their men, agents from collecting current consumption charges, demand
charges and / or any arrears from the petitioner until the respondent makes
payment of the outstanding dues of Rs.33,02,862.75 for the year 2012-13
payable to the petitioner is getting paid or give adjustment in the current
consumption charges payable by the petitioner till the entire amount is
adjusted.
For Petitioner : Mr.S.P.Parthasarathy
For Respondents : Mr.Abdul Kalam (for R2 to R6)
for TNEB
: No appearance (for R1)
2/7
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W.P.No.23838 of 2014
ORDER
Today, when the matter is taken up for hearing, the learned counsel
for the petitioner submitted that the issue raised in the present writ petition
is covered by the order passed by this Court in W.P.No.533 of 2015. The
relevant portions of the order is extracted hereunder:
“4. Rule 3(1)(a)(ii) of the Electricity Rules, 2005
requires that to qualify as a "captive generation power
plant" under Section 8 read with Clause 8(2), power of
not less than 51% of aggregate electricity generated on
such plant determined on annual basis, must be
consumed for captive use. During the period 2011-12
and 2012-13, the petitioner having not complied with the
above requirement, consequently, impugned notices were
issued seeking refund of the amount already paid to the
petitioner towards unutilised banked energy.
5. It is submitted by the learned counsel for the
petitioner that the above issue is no longer res-integra
and stands resolved by a judgment of this Court in
W.P.No.6112 of 2017 dated 25.01.2002 wherein
reference was made to the order passed by the Tamil
Nadu Electricity Regulatory Commission in D.R.P.No.18
of 2013 wherein similar demands were set aside on the
premise that non-compliance with the requirement of
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W.P.No.23838 of 2014
51% of electricity consumption for captive use under
Rule 3(1)(a)(ii) of Electricity Rules, 2005 was only in
view of the restrictions and control measures
implemented by the respondent/ Board, over which the
petitioner had no control nor can be found fault with.
Relevant portion of the order of this Court wherein the
order of Tamil Nadu Electricity Regulatory Commission
was referred to is extracted below:
"5..... At this juncture, it would be appropriate to extract
the order passed by the Tamil Nadu Electricity Recovery
Commission in D.R.P.No.18 of 2013. The relevant
portion of the said order is reproduced hereunder:
"11.15.8. The Commission is of the ell considered view
that when the Government of Tamil Nadu, on the one
hand, directed all the generating stations to operate at
their maximum capacity to receive the power, and at the
same time limited the allocation to the extent of 60% /
70% level with peak hour restriction and scheduled load
shedding vide its letter dated 22.10.2008, we find that a
consumer cannot be penalised. When a consumer is not
given even 51% of his requirement, as stated supra, the
Distribution licensee in our view cannot expect fulfilment
of the conditions of 51% of consumption as required
under Rule 3(1)(a).
11.15.9. Rule 3(1)(a) stipulates a power plant to satisfy
both the conditions stated therein to qualify as a Captive
Generating Plant "it is applicable under normal
circumstances when the distribution/ transmission grid is
open to the captive user without any restriction and not
when there is no fault on the part of the captive user in
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W.P.No.23838 of 2014
consuming power on its side and at a time when
stringent measure was imposed both in the form of
restricted Quota as well as grid restrictions. We find no
merit in insisting on adherence of conditions under Rule
3 of the Electricity Rules, 2005 for a captive generating
plant in such conditions.
In view of the above order, the impugned demand notice
is set aside.”
2. Mr.Abul Kalam, learned Standing Counsel for the respondents
would also agree that the issue stands covered.
3. Following the above order passed by this court, this writ petition
stands allowed. The respondents are directed to settle the dues, if any, as a
result of this order, either by paying the sums due within a period of four
months from the date of receipt of a copy of this order or permitting
adjustment of the same in the future consumption charges. No costs.
Consequently, connected miscellaneous petition is closed.
The Writ Petition is disposed of with the above direction.
28.06.2022
Speaking (or) Non Speaking Order
Index : Yes/ No
Psa
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W.P.No.23838 of 2014
To
1.The Secretary,
Tamil Nadu Electricity Regulatory Commission,
19A, Rukmani lakshmipathy Salai,
Marshalls Road,
Egmore, Chennai-600 008.
2.The Chairman,
Tamil Nadu Generation and Distribution
Corporation Limited, 144, Anna Salai,
Chennai 600 002.
3.The Director Finance,
Tamil Nadu Generation and Distribution
Corporation Limited, 144, Anna Salai,
Chennai 600 002.
4.The Chief Financial Controller,
Tamil Nadu Generation and Distribution
Corporation Limited, 144, Anna Salai,
Chennai 600 002.
5.The Superintending Engineer,
TANGEDCO, Gobi Electricity Distribution Circle,
Gobichettipalayam.
6.The Superintending Engineer,
TANGEDCO,
Udumalpet Electricity Distribution Circle,
Udumalpet
https://www.mhc.tn.gov.in/judis
W.P.No.23838 of 2014
MOHAMMED SHAFFIQ, J.
Psa
W.P. No.23838 of 2014
28.06.2022
https://www.mhc.tn.gov.in/judis
