Sree Rengaraaj Ispat v. Tamil Nadu Generation And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :: 20.04.2016 CORAM ::
THE HON'BLE MR. JUSTICE T.S. SIVAGNANAM WRIT PETITION NO: 10262 OF 2016 Sree Rengaraaj Ispat Industries Pvt. Ltd.
(HTSCNo.379) 99, Sankagiri Main Road Nethimedu Salem - 636 002 rep by its General manager E. Murugan .. Petitioner -vs1. Tamil Nadu Generation and Distribution Corporation Ltd.
rep by its Chairman No: 144 Anna Salai Chennai - 600 002.
2. The Director - Operations Tamil Nadu Transmission Corporations ( TANTRANSCO ) 144 Anna Salai Chennai - 600 002.
3. The Superintending Engineer Load Despatch and Grid Operation Tamil Nadu Transmission Corporations ( TANTRANSCO ) 144 Anna Salai Chennai - 600 002.
4. The Superintending Engineer
5. The Accounts Officer / Revenue ... Respondents Writ Petition under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records of the 5th respondent's impugned CC bills dated 29.02.2016 insofar as it relates to the levy of "recurring maintenance charges'' to a tune of Rs. 1,65,060/- in Serial No: 21
'other adjustment', quash the same as illegal, arbitrary, without the authority of law and against the provisions of the Electricity Act 2003 and consequently forbear the 4th and 5th respondent from demanding / collecting ''recurring maintenance charges'' from the petitioner until the respondents clafies the approval from the competent authority to collect such charges and direct the 4th respondent to give refund / adjustment of the entire amount of Rs.86,03,881/- so far unauthorizedly collected from the petitioner from February, 2012 onwards.
For petitioner :: Mr. S. P. Parthasarathy For respondents :: Mr. S. K. Rameshwar
O R D E R
Petitioner is a coal b ased power plant with a capacity of 30MW and they sought for issuance of a writ of certiorarified mandamus calling for the records of the 5th respondent's impugned CC bills dated 29.02.2016 insofar as it relates to the levy of "recurring maintenance charges'' to a tune of Rs. 1,65,060/- in Serial No: 21 'other adjustment', quash the same as illegal, arbitrary, without the authority of law and against the provisions of the Electricity Act 2003 and consequently forbear the 4th and 5th respondent from demanding / collecting ''recurring maintenance charges'' from the petitioner until the respondents clafies the approval from the competent authority to collect such charges and direct the 4th respondent to give refund / adjustment of the entire amount of Rs.86,03,881/- so far unauthorizedly collected from the petitioner from February, 2012 onwards.
2. At the time when this writ petition was entertained, Mr.S.K.Raameshwar learned standing counsel accepted notice and sought time. Today, when the matte is taken up the learned counsel appearing for the respondents seeks further time to get instructions. Faced with that situation, the learned counsel appearing for the writ petitioner, on instructions, submit that the petitioner would be satisfied if a direction is issued to the Superintending Engineer, Erode Electricity Distribution Circle, Erode, the 4th respondent herein, to consider petitioner's representation dated 04.01.2016, though the petitioner has given several representations on various dates to the said authority continuously.
The typed set of papers filed along with the writ petition shows that on all occasions, the petitioner has paid the "Recurring Maintenance Charges" under protest and submitted his objections on 28.01.2012, 02.11.2012, 28.11.2012, 21.05.2013, 10.10.2013, 25.02.2014, 05.03.2014, 04.09.2014, 19.12.2014, 19.01.2015, 19.02.2015, 23.03.2015, 20.04.2015, 20.05.2015, 19.06.2015, 20.07.2015, 04.08.2015, 19.09.2015, 12.10.2015, 19.11.2015, 19.12.2015 and 04.01.2016.
3. Though all these representations have been received by the 4th respondent till date no action has been initiated and no orders have been passed by the respondents. It is note worthy to point out at this juncture that the 3rd respondent, by his letter
dated 05.09.2012, has addressed the 4th respondent requesting him to clarify whether the O & M Charges and rental charges have been approved by the competent authority vide their letter dated 25.07.2013 and that the information sought for has not yet been received by the 3rd respondent from the 4th respondent. However, even this direction of the 3rd respondent has not evoked any response.
4. In the light of the above, there will be a direction to the 4th respondent to consider petitioner's representation dated 04.01.2016 after affording an opportunity of personal hearing to the petitioner and consider its submissions and pass appropriate orders on merits in accordance with law within a period of four weeks from the date of receipt of a copy of this order. The writ petition stands disposed of in the above terms. Connected miscellaneous petitions are closed. There shall be no orders as to the costs.
Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar gp To
1. The Chairman Tamil Nadu Generation and Distribution Corporation Ltd.
No: 144 Anna Salai Chennai - 600 002.
2. The Director - Operations Tamil Nadu Transmission Corporations ( TANTRANSCO ) 144 Anna Salai Chennai - 600 002.
3. The Superintending Engineer Load Despatch and Grid Operation Tamil Nadu Transmission Corporations ( TANTRANSCO ) 144 Anna Salai Chennai - 600 002.
4. The Superintending Engineer
5. The Accounts Officer / Revenue 1 cc to Mr.R.S. Pandiyaraj, Advocate, Sr. 24609 1 cc to Mr.S.K. Raameshuwar, Advocate, Sr. 24812 W.P. No: 10262 of 2016 PVS (CO) kk 5/5