Sri Hariprasath Textiles (P) v. Tamil Nadu Electricity Board,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.12970 of 2011 And M.P.No.1 of 2011 Sri Hariprasath Textiles (P) Ltd., repd. By its Manager K.Karthik ... Petitioner Vs.
1.Tamil Nadu Electricity Board, Chairman 800, Anna Salai, Chennai - 600 002.
2.The Superintending Engineer, Namakkal Elec. Distribution Circle, Tamil Nadu Electricity Board, Namakkal.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent in his letter No.SE/NEDC/NAMAKKAL/DFC/HT/AS/ASST/ F.ACCD/ 2011 dated 06.05.2011, quash the same as illegal and against the provisions as contained in the Regulation 5 (5) (ii) (a) of The Tamil Nadu Electricity Supply Code, 2004 and consequently direct the 2nd respondent to refund or give adjustment of the excess deposit available to the credit of the petitioner.
For Petitioner : Mr.R.S.Pandiyaraj For Respondents: Mr.Aravind Pandian, AAG Assisted by Mr.S.K.Rameshwar
O R D E R
The issue raised in the present writ petition has already been settled before the Appellate Tribunal for Electricity (APTEL). The writ petition challenges the excess charges levied for exceeding quota by the 2nd respondent. In this regard, the Tamil Nadu Electricity Regulatory Commission has passed an order on 04.05.2010, relevant portion of which reads as follows: "Para 11.7 para 3.9 of the order of the commission in RPNO.2 of 2008 explicitly states as follows, It must be borne in mind that excess demand charges and excess energy charges are liable in addition to the penalty of drastic reduction of electricity supply to 5% (or 10%) during the following 48 hrs as the case may be for violation of restriction and control measures."
2.Against which, the aggrieved similarly placed persons filed appeal before the Appellate Tribunal for Electricity (APTEL) and obtained final order on 11.01.2011. 3.In this regard, the Tamil Nadu Electricity Board approached the Hon'ble Supreme Court by filing Civil Appeal Nos.1090 - 1099 of 2011 and the Hon'ble Supreme Court vide order dated 04.02.2011 entertained the Civil Appeals against the judgment of the Appellate Tribunal. On a perusal of the interim order dated 04.02.2011, there is a direction to the appellant therein/Tamil Nadu Electricity Board to furnish Bank Guarantee of a Nationalized Bank in favour of the Registrar (Judicial) of the Hon'ble Supreme Court.
4. Since the issue involved in the present writ petition is pending before the Hon'ble Supreme Court at the instigation of the respondent herein/ Tamil Nadu Electricity Board, the writ petition is disposed of directing the respondent to maintain status-quo as on date. Subject to the outcome of the Supreme Court order, the parties may seek remedy in the manner known to law.
5.Accordingly, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To
1. The Chairman, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai - 600 002.
2.The Superintending Engineer, Namakkal Elec. Distribution Circle, Tamil Nadu Electricity Board, Namakkal.
W.P.No.12970 of 2011 And M.P.No.1 of 2011 kk[co] srg 27/09/2019