Madras High Court
M/S Globecast Steel Limited vs The Tamil Nadu Electricity Board on 6 December, 2023
Author: D.Bharatha Chakravarthy
Bench: Sanjay V.Gangapurwala, D.Bharatha Chakravarthy
WA No.3292 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
WA No.3292 of 2023
M/s Globecast Steel Limited,
Formerly known as
M/s Kaleidoscope Energy Limited,
1-F, Century Plaze, 560-562, Anna Salai,
Teynampet, Chennai-600 018
Rep by its Director.
(Cause-title accepted vide order of Court
dated 17.10.2023 made in CMP.No.23395/2023) .. Appellant
-vs-
1. The Tamil Nadu Electricity Board,
Rep by its Chairman,
No.88, Anna Salai, Chennai-600 002.
2. The Chief Engineer,
The Tamil Nadu Electricity Board,
Vellore.
3. The Superintending Engineer,
The Tamil Nadu Electricity Board,
Vellore Electricity Distribution Circle,
Gandhi Nagar, Vellore – 6.
Page 1 of 6
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WA No.3292 of 2023
4. The Junior Engineer,
The Tamil Nadu Electricity Board,
SIPCOT, Ranipet. .. Respondents
Prayer: Writ appeal filed under Clause 15 of the Letters Patent
against the order of the learned Single Judge dated 01.09.2022
passed in W.P.No.27348 of2005.
For the Appellant : Mr.AR.L.Sundaresan
Senior Counsel for
Mr.AR.Karthiklakshman
For the Respondents : Mr.Madhusudhanan
*****
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
The present appellant is the original writ petitioner. The
petitioner filed the writ petition challenging the communication dated
27.07.2005 seeking further directions to provide the electricity
service connection to the petitioner for Plot Nos.31, 32 and 47 in the
Industrial Estate, SIPCOT, Ranipet.
2. The petitioner is the purchaser of the subject writ property in
an auction conducted by the bank. It appears that there were
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electricity dues payable to the present respondents by the erstwhile
owner. The petitioner applied to the first respondent for grant of
electricity service connection. The petitioner was informed about the
arrears in respect of the said premises payable to the first respondent
and was directed to pay the arrears. Aggrieved thereby, the writ
petition was filed.
3. The learned Single Judge referring to Clause 6.10 of the
Terms and Conditions of Supply and the provisions of the Electricity
Act, 2003 dismissed the writ petition. Aggrieved thereby, the present
appeal.
4. We have heard Mr.AR.L.Sundaresan, learned senior counsel
for the appellant and Mr.Madhusudhanan, learned counsel for the
respondents.
5. The issue in the present matter is no longer res integra. The
Apex Court in the case of K.C.Ninan vs. Kerala State Electricity
Board, reported in 2023 SCC OnLine SC 663, had held that the
purchaser of the property in auction would be liable to pay the
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electricity dues of the erstwhile owner. In Para 340 of the said
judgment, the Apex Court observed as under:
“Taking all facts and circumstances into consideration,
including the lapse of more than two decades since the appeals
were filed before this Court and the equities arising in favour of
one party or the other, we direct the Electric Utilities to waive the
outstanding interest accrued on the principal dues from the date of
application for supply of electricity by the auction purchasers.”
6. The Apex Court directed the Electric Utilities to waive the
outstanding interest accrued on the principal dues from the date of
application for supply of electricity by the auction purchasers.
7. In light of that, we pass the following order:
1. The petitioner/appellant would be liable to pay the
electricity dues of the erstwhile owner to respondent
No.1;
2. The respondent authorities shall not charge interest on
the amount outstanding from the date of application made
by the petitioner/appellant;
3. The parties would be governed by the judgment of the
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Apex Court in the case of K.C.Ninan, referred supra.
The writ appeal is, accordingly, disposed of. There will be no
order as to costs.
(S.V.G., CJ.) (D.B.C., J.)
06.12.2023
Index : Yes/No
Neutral Citation : Yes/No
sra
To
1. The Chairman,
Tamil Nadu Electricity Board,
No.88, Anna Salai, Chennai-600 002.
2. The Chief Engineer,
The Tamil Nadu Electricity Board,
Vellore.
3. The Superintending Engineer,
The Tamil Nadu Electricity Board,
Vellore Electricity Distribution Circle,
Gandhi Nagar, Vellore – 6.
4. The Junior Engineer,
The Tamil Nadu Electricity Board,
SIPCOT, Ranipet.
https://www.mhc.tn.gov.in/judis
THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
(sra)
06.12.2023
https://www.mhc.tn.gov.in/judis
