Madras High Court
The Chairman Cum Managing Director vs R.V.Ice Plant on 13 February, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A.(MD)No.550 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.02.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.A.(MD)No.550 of 2021
and
C.M.P.(MD)No.2496 of 2021
1.The Chairman Cum Managing Director,
Tamilnadu Generation and Distribution
Corporation Ltd., (TANGEDCO),
Formerly Known as TNEB,
N.P.K.R.R. Maaligai, No.144, Anna Salai,
Chennai – 600 002.
2.The Chief Financial Controller / Revenue,
No.144, Anna Salai, Chennai - 600 002.
3.The Superintending Engineer,
Tamilnadu Generation and Distribution
Corporation Ltd., (TANGEDCO),
Formerly Known as TNEB,
Tuticorin Electricity Distribution Circle,
Tuticorin District. ... Appellants
Vs.
R.V.Ice Plant,
Rep. by its Proprietor, Arulraja,
Having its Office at C77/b2, Sipcot
Industrial Complex, Meelavittan,
Tuticorin District.. ... Respondent
1/8
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W.A.(MD)No.550 of 2021
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order dated 16.10.2020 in
W.P.(MD).No.14754 of 2020 on the file of this Court.
For Appellants : Mr.S.Deenadhayalan,
Standing Counsel.
For Respondent : Mr.S.Sades Kumar
JUDGMENT
(Judgment of the court was delivered by G.R.Swaminathan, J.)
Heard both sides.
2.R.V.Ice Plant, Tuticorin is a HT consumer. The case on hand
pertains to the assessment period from June 2020 to August 2020. The
petitioner felt aggrieved by the demand charges imposed by
TANGEDCO. Hence, the consumer filed W.P.(MD)No.14754 of 2020.
The writ petition was allowed vide order dated 16.10.2020 in the
following terms:-
“6. The learned counsel for the petitioner drew the
attention of this Court, to the common order, dated 14.08.2020,
passed in W.P.Nos.7678 of 2020 batch, by the learned Single
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Judge at the Principal Seat of this Court as well as the impugned
disconnection notice, dated 13.10.2020, issued by the third
respondent. This Court has perused the affidavit filed in support
of the writ petition and as submitted by the learned counsel for
the petitioner, the issue involved in the writ petition is identical to
the issue, which is involved in WP.Nos.7678 of 2020 batch,
wherein, final orders were passed by the learned Single Judge at
the Principal Seat of this Court, on 14.08.2020, allowing the
batch of writ petitions. Therefore, this Court is of the considered
view that the petitioner should also have the benefit of the similar
order as passed by the learned Single Judge at the Principal Seat
of this Court, on 14.08.2020.
7.Accordingly, the impugned order is hereby quashed and
the writ petition is allowed. Since, the writ petition is allowed,
the petitioner is directed to pay the Current Consumption charges
after deducting 80% demand charges and low power factor
surcharges relating to the petitioner's bill raised for the bill
months from June 2020 onwards (i.e. for the complete lock down
period) within a period of four weeks from the date of receipt of a
copy of this order. No costs. Consequently, connected
miscellaneous petitions are closed.”
Questioning the same, this intra-court appeal has been filed by
TANGEDCO.
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3.It is beyond dispute that during the said period, the nation was
under complete lockdown. Therefore, the learned Single Judge was
justified in invoking Regulation 6(b) of the Tamil Nadu Electricity
Supply Code. It reads as follows:-
“6.Minimum Charges
(b) For the H.T services disconnected on the request of the
consumer, the monthly minimum charges based on the KVA
demand shall be the actual recorded demand (when the
disconnection is for part of a month) or such percentage of
sanctioned demand declared by the Commission whichever is
higher:
Provided that where the Licensee is prevented from
supplying electricity owing to cyclone, floods, storms, fire, strike
or lockout in the Licensees’ establishment or other occurrences
beyond the control of the Licensee, or if the Licensee is satisfied
that the consumer has been prevented from consuming electricity
either in whole or in part for similar reasons, the Licensee may
recover from the consumer [minimum charges] at twenty percent
of the billable demand or recorded demand whichever is higher
besides charges for the actual consumption of electricity.”
4.However, the learned Single Judge committed an error in giving
a flat discount of 80% in favour of the writ petitioner. The aforesaid
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regulation as well as the batch order dated 14.08.2020 made in
W.P.Nos.7678 of 2020 only state that in such circumstances, the licensee
may recover from the consumer a minimum charge 20% of the billable
demand or recorded demand whichever is higher besides charges for the
actual consumption of electricity. In this case, the stand of the licensee /
appellant is that the recorded demand was much higher than 20%. Only,
if the establishment or unit had remained completely shutdown and there
was nil consumption of electricity, 20% of billable demand could be
levied. Where there was consumption and the recorded demand was
higher, then it is the recorded demand which has to be paid. Since this
aspect of the matter was not taken note by the learned Single Judge, We
are constrained to interfere. The matter is remitted to the file of the third
appellant. The third appellant will issue revised bill in respect of the
billable demand by applying Regulation 6(b) of the Tamil Nadu
Electricity Supply Code. Since the matter was pending consideration
before this Court and the consumer had also succeeded before the learned
Single Judge, the question of the consumer having to pay interest or
belated charge will not arise.
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5.This writ appeal is allowed accordingly. No costs.
Consequently, connected miscellaneous petition is closed.
(G.R.S. J.,) & (M.J.R. J.,)
13.02.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
G.R.SWAMINATHAN, J.
and
M.JOTHIRAMAN, J.
ias
13.02.2025
https://www.mhc.tn.gov.in/judis
