Madras High Court
Vijay Spinners vs Tamil Nadu Electricity ... on 29 November, 2022
W.P(MD)No.12630 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.11.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.12630 of 2015
and
M.P(MD)No.1 of 2015
Vijay Spinners,
HT SC.No.223, P.B.No.18A,
Pugazhendi Road,
Rajapalayam-626 117,
Virudhunagar,
Represented by its Manager M.K.Suresh ... Petitioner
Vs.
1.Tamil Nadu Electricity Regulatory Commission,
Represented by its Secretary,
19-A, Rukmini Lakshmipathy Salai,
(Marshall's Road),
Egmore, Chennai-600 008.
2.Tamil Nadu Generation and Distribution
Corporation Limited (TANGEDCO),
Represented by its Chairman and Managing Director,
144, Anna Salai,
Chennai-600 002.
3.The Superintending Engineer,
TANGEDCO,
Virudhunagar Eletricity Distribution Circle,
Virudhunagar.
1/6
https://www.mhc.tn.gov.in/judis
W.P(MD)No.12630 of 2015
4.The Accounts Officer/Revenue,
TANGEDCO,
Virudhunagar Eletricity Distribution Circle,
Virudhunagar. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ ofCertiorari, to call for the
records of the 4th respondent in his impugned CC bill dated 01.07.2015 in
so far as it relates to a sum of Rs.12,18,326/-in Item No.16 'Cross
Subsidy Surcharge' and quash the same as illegal, arbitrary without the
authority of law and against Electricity Act 2003.
For Petitioner : Mr.RM.Loganathan
For Respondents : Mr.S.Deenadhayalan
Standing Counsel
ORDER
The present writ petition has been filed challenging the inclusion
of Cross Subsidy Surcharge in the current consumption charges to an
extent of Rs.12,18,326/- (Rupees Twelve Lakh Eighteen Thousand Three
Hundred and Twenty Six only).
2. The learned counsel for the petitioner and the respondents in
unison submitted that the issue raised in the present writ petition stands
https://www.mhc.tn.gov.in/judis
W.P(MD)No.12630 of 2015
covered by the judgment of this Court in W.P.No.24889 of 2012 dated
10.02.2022, wherein it was observed as under:
“2. By impugnedG.O.(Ms).No.79 Energy (C3) Department dated11.07.2012,Government
had cancelled the temporary waiver of cross subsidy surcharges and made demands from the HT
consumers like the petitioner.The said G.O.(Ms).No.79 dated11.07.2012was challengedbefore
this Court in WP.No.23113 of 2012. This Court, by order dated 30.11.2012, quashed the
impugned G.O.(Ms).No.79, against which, writ appeal was filed by the respondents in
W.A.No.1257 of 2012. The Hon-ble Division Bench of this Court, by its order dated
24.09.2014, disposed of the writ appeal with certain directions. Aggrieved over the same, the
Southern India Mill Owners- Association and T A NGE DCO have preferred an appeal and
cross~objectionbeforethe Honble Supreme Court in S L A . (C).No.15662of 2015.The Hon-
ble Supreme Court by its orderdated29.07.2015has directedthe parties to maintain status~quotill
the orders to the contrary. Now that the matter is subjudiced, status~quo is maintained by the
parties concerned.
4.The learnedcounsel appearing for the parties wouldsubmit that the writ petition may
be disposed of, subject to the out come of the judgment of the Hon-ble Supreme Court in the above
matter. Considering the facts and circumstances of the case, this writ petition stands disposed of,
subject to the result of S L A ( C ).No.15662of 2015.The parties shall maintain status~quotill
such time. No costs. Consequently, connectedmiscellaneouspetitions areclosed.”
3. In view of the same, the present writ petition is disposed of on
the above terms viz., parties shall maintain status quo until disposal of
the issue by the Hon'ble Supreme Court. No costs. Consequently,
connected Miscellaneous Petition is closed.
29.11.2022
https://www.mhc.tn.gov.in/judis
W.P(MD)No.12630 of 2015
Index : Yes / No
Internet : Yes / No
gbg
To
1.The Secretary,
Tamil Nadu Electricity Regulatory Commission,
19-A, Rukmini Lakshmipathy Salai,
(Marshall's Road),
Egmore, Chennai-600 008.
2.The Chairman and Managing Director,
Tamil Nadu Generation and Distribution
Corporation Limited (TANGEDCO),
144, Anna Salai,
Chennai-600 002.
3.The Superintending Engineer,
TANGEDCO,
Virudhunagar Eletricity Distribution Circle,
Virudhunagar.
4.The Accounts Officer/Revenue,
TANGEDCO,
Virudhunagar Eletricity Distribution Circle,
Virudhunagar.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.12630 of 2015
R.VIJAYAKUMAR ,J.
gbg
Order made in
W.P(MD)No.12630 of 2015
https://www.mhc.tn.gov.in/judis
W.P(MD)No.12630 of 2015
Dated:
29.11.2022
https://www.mhc.tn.gov.in/judis
