Madras High CourtWP/10175/2009disposed of

Dexterity Kpo Services Private v. Tamilnadu Electricity Board

2019-08-26Honourable Mr Justice M.Dhandapani15 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.10175, 17846 of 2009, 18652 of 2010, 27195, 27196, 27197, 6225 of 2008, 8424 of 2009, 24002, 18283 of 2011 And W.P.(MD) No.8088 of 2008 W.P.No.10175 of 2009:

DEXTERITY KPO SERVICES PRIVATE LIMITED Represented by its Associate Vice President Mr.J.Mohan ... Petitioner Vs.

1.TAMIL NADU ELECTRICITY BOARD REPRESENTED BY ITS CHAIRMAN 800, ANNA SALAI, CHENNAI - 600 002.

2.EXECUTIVE ENGINEER, TAMIL NADU ELECTRICITY BOARD AMBATTUR INDUSTRIAL ESTATE, 3RD MAIN ROAD, AMBATTUR, CHENNAI - 600 058.

... Respondents Prayer in W.P.No.10175 of 2009:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent in respect of demand notice Lr.No.EE/O&M/ABT/AAO/ RB/A.S.1/F. Audit Slip No.113/09 dated 25.05.09 and quash the said demand notice as it is illegal, arbitrary and without any authority and consequently direct the respondents not to make any demand from the petitioner in respect of the matters covered by the said demand notice. WP No.17846 of 2009:

1 M/S. SUTHERILAND GLOBAL SERVICES PVT.LTD REP BY ITS DIRECTOR D.

MUTHU NARAYANAN 383 VELACHERY TAMBARAM MAIN ROAD VIJAYANAGARAM , CHENNAI 42. ...PETITIONER

Vs 1 THE CHAIRMAN, TAMILNADU ELECTRICITY BOARD, NO.800 ANNA SALAI, CHENNAI 2.

2 THE STATE OF TAMILNADU, REP BY ITS SECRETARY ENERGY DEPARTMENT, EZHILAGAM, CHENNAI 5.

3 THE TAMILNADU ELECTRICITY REGULATORY COMMISSION REP BY ITS SECRETARY NO.17 3RD MAIN ROAD, SEETHAMMAL COLONY, ALWARPET, CHENNAI 18.

4 THE ASSISTANT ENGINEER, OPERATION AND MAINTENANCE TNEB SANTHOME, SANTHOME HIGH ROAD, CHENNAI 4. ...RESPONDENTS Petition presented to issue a Writ of Certiorarified Mandamus calling for the records of the 4th respondent in relation to his communication in Lr.No.AE/O&M/San/F.Audit/D i 52/09 dated 7.8.2009 quash the same as illegal and consequently direct the respondents to restore the LT Tariff III - B in service connection account No.126-028-3770 and pass such further or other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

W.P.No.18652 of 2010:

ALLSEC TECHNOLOGIES LTD REP.BY ITS DIRECTOR, 46-B VELACHERY MAIN ROAD, VELACHERY CHENNAI-42. ...PETITIONER Vs 1 GOVERNMENT OF TAMILNADU, REP.BY SECRETARY TO GOVERNMENT DEPARTMENT OF ENERGY, FORT ST.GEORGE, CHENNAI-9.

2 TAMIL NADU ELECTRICITY BOARD, REP.BY ITS CHAIRMAN 800, ANNA SALAI CHENNAI-2.

3 SUPERINTENDING ENGINEER CEDC/ SOUTH TAMIL NADU ELECTRICITY BOARD, 110 KVSS COMPLEX, K.K.NAGAR, CHENNAI-78.

4 TAMIL NADU ELECTRICITY REGULATORY COMMISSION REP.BY ITS SECRETARY NO.19A RUKMINI LAKSHMIPATHI SALAI, EGMORE, CHENNAI-8. ...RESPONDENTS Petition presented to this Court to issue a Writ of Certiorarified Mandamus to call for the records of the 4th Respondent Tariff Order in M.P.3 of 2010 dated 31.07.2010 and quash para 9.11.7.2 of the said order and direct the fourth respondent Commission to include IT enables services under 9.11.2.

W.P.No.27195 of 2008:

D.S.M INFOSYSTEMS PRIVATE LTD., REP.BY ITS DIRECTOR MR.A.GANESH NO.9, 15TH CROSS STREET, SHASTRI NAGAR, ADYAR, CHENNAI-20. ...PETITIONER VS 1 THE ASSISTANT EXECUTIVE ENGINEER, OPERATIONS AND MAINTENANCE, TAMILNADU ELECTRICITY BOARD, NUNGAMBAKKAM, CHENNAI-34.

2 TAMIL NADU ELECTRICITY BOARD, REP.BY ITS CHAIRMAN 800, ANNA SALAI, CHENNAI-2.

3 TAMIL NADU ELECTRICITY REGULATORY COMMISSION REP.BY ITS SECRETARY TIDCO BUILDING RUKMANI LAKSHMIPATHY ROAD, EGMORE, CHENNAI-8. ...RESPONDENTS

Prayer in W.P.27195 of 2008:

Petition presented to this Court to issue a Writ of Certiorarified Mandamus calling for the records of the proceedings of the Ist respondent comprised in Letter No.AEE/O & M/NGM/RS/F-12/D No.12/DNo.249/2008 dated 04/10/2008 and quash the same and consequently direct the Ist and 2nd respondents to restore the tariff classification of the petitioner unit to LT Tariff III B.

W.P.No.27196 of 2008:

1 D.S.M. SOFT (P) LTD REP. BY ITS DIRECTOR, MR. A. GANESH NO. 9 15TH CROSS STREET, SHASTRI NAGAR, ADYAR, CHENNAI -20. ...PETITIONER Vs 1 THE ASSISTANT EXECUTIVE ENGINEER, OPERATIONS AND MAINTENANCE, TAMILNADU ELECTRICITY BOARD, NUNGAMBAKKAM CHENNAI -34.

THE TAMILNADU ELECTRICITY BOARD, REP BY ITS CHAIRMAN 800 ANNA SALAI, CHENNAI-2.

THE TAMILNADU ELECTRICITY, REGULATORY COMMISSION REP. BY ITS SECRETARY, TIDCO BUILDING, RUKMANI LAKSHMIPATHY ROAD, EGMORE, CHENNAI-8.

Prayer in W.P.No.27196 of 2008:

Petition presented to this Court to issue a Writ Certiorarified Mandamus calling for the records of the proceedings of the Ist respondent comprised in letter NO AEE/O&M/NGM/RS/F-12/D No. 12/DNo. 249/2008 dated 4-10-2008 and quash the same and consequently direct the Ist and 2nd respondents to restore the tariff classification of the petitioner unit to LT Tariff III B.

W.P.No.27197 of 2008:

1 D.SM. SOFT (P) LTD REP. BY ITS DIRECTOR, MR. A. GANESH NO. 9 15TH CROSS STREET, SHASTRI NAGAR, ADYAR, CHENNAI -20. ...PETITIONER Vs 1 THE ASSISTANT EXECUTIVE ENGINEER, OPERATIONS AND MAINTENANCE, TAMILNADU ELECTRICITY BOARD, NUNGAMBAKKAM CHENNAI -34.

THE TAMILNADU ELECTRICITY BOARD, REP BY ITS CHAIRMAN, 800 ANNA SALAI, CHENNAI-2.

THE TAMILNADU ELECTRICITY, REGULATORY COMMISSION, REP. BY ITS SECRETARY, TIDCO BUILDING, RUKMANI LAKSHMIPATHY ROAD, EGMORE, CHENNAI-8.

Prayer in W.P.No.27197 of 2008:

W.P.NO.6225 OF 2008:

1 M.S SUTHERLAND GLOBAL SERVICES PRIVATE LTD., EARLIER KNOWN AS M/S SUTHERNLAND TEHNOLOGIES PVT. LTD., REP. BY ITS AUTORIZED PERSON MR. MUTHUNARAYANAN DIRECTOR NO. 383

Vs 1 THE CHAIRMAN, TAMIL NADU ELECTRICITY BOARD, NO. 800 ANNA SALAI, CHENNAI-2.

2 THE STATE OF TAMILNADU REP. BY ITS SECRETARY, ENERGY DEPT, EZHILAGAM, CHENNAI-9.

3 THE TAMIL NADU ELECTRICITY REGULATORY COMMISSION REP. BY ITS SECRETARY NO. 17 3RD MAIN ROAD, SEETHAMMAL COLONY, ALWARPET, CHENNAI-18.

4 THE SUPERINTENDENT ENGINEER, CEDC (SOUTH) 110 KVA SUBSTATION, JAWAHARLAL NEHRU ROAD, K.K.NAGAR, CHENNAI-33. 5 THE STATE OF TAMILNADU REP. BY ITS SECRETARY INFORMATION TECHNOLOGY DEPT. EZHILAGAM, CHENNAI-9. ...RESPONDENTS Prayer in W.P.No.6225 of 2008:

Petition presented to this Court to issue a Writ Certiorarified Mandamus calling for the records of the Fourth Respondent in relation to his communication in Lr.No. SE/CEDC/S/DFC/AAO/ ASS HT NO. 520/D 512/2007 dated 10.09.2007 and demand in LR No. SR/CEDC/S/DPC/AAO/AS/A.5/ R. HT No. 520/0.95/2008 dt. 21.2.2008 for a sum of Rs.1,89,64,611/- towards shortfall in the difference in charges levied from September 2005 to August 2007 and quash the same as illegal and consequently direct the Respondents to restore the HT Tariff-I-A to HT Account NO. 520.

W.P.No.8424 of 2009:

M/S. AMERICORP BUSINESS SERVICES PVT LTD., NO. 2 PARK ROAD PADI, CHENNAI 600050 REP. BY ITS AUTHORISED SIGNATORY V .J. ARUL MARY ...PETIITIONER

Vs 1 THE CHAIRMAN TAMILNADU ELECTRICITY BOARD, NO. 800 ANNA SALAI, CHENNAI 600 002.

2 THE STATE OF TAMILNADU REP. BY ITS SECRETARY TO GOVERNMENT, ELECTRCITY DEPARMENT, EZHILAGAM, CHENNAI 600009.

3 THE TAMILNADU ELECTRICITY REGULATORY COMMISSION, REP. BY ITS SECRETARY NO. 17 3RD MAIN ROAD SEETHAMMAL COLONY, ALWARPET, CHENAI 600 018.

4 THE SUPERINTENDENT ENGINEER CEDC(WEST), ANNA NAGAR, CHENNAI 600040.

5 THE STATE OF TAMILNADU REP. BY IS SECRETARY TO GOVERNEMNT, INFORMATION TECHNOLOGY DEPARTMENT EZHILAGAM, CHENNANI 600009.

6 M/S. SUTHERLAND GLOBAL SERVICES PVT LTD, NO. 383 VELACHERY TAMBARAM MAIN ROAD, VIJAYARANGARAM, CHENNAI 600042 REP. BY IS AUTHORISED SIGNATORY 7 M/S. RELIANCE COMMUNICATION LTD., CIRCLE OFFICE, NO. 6 HADDOWS ROAD, CHENNAI 600006. ...RESPONDENTS Petition presented to this Court to issue a Writ Certiorarified Mandamus calling for the records of the 4th respondent relating to the Lr. No. E/CEDC/W/DFC/AS/H.T/Sec No. 1669/D/.No. 1606/2009 dated 18-02-2009 Lr. No. E/CEDC/W/ DFC/AS/H.T.S C o. 1669 No.1669/D No. 1706/2009 dated 20-3-2009 and LR NO. SE/CEDC/CO/DFC/AS/H.T.SC NO.1669/D.NO.73/09 dated 17/04/2009 and the 4th Respondents demand of Rs.2,09,08,381/- (Rupees Two Crores Nine Lakhs Eight Thousand three Hundred and Eighty only only) towards the award amount from 4/06 to 01/09 and quash the same and consequently direct the respondents to restore the HT tariff I-A to HT SC Amount No.1669.

W.P.No.24002 of 2011:

1 BIRLASOFT (INDIA) LTD., REPRESENTED BY ITS MANAGER - ADMINISTRATION MR.V.JAYASHANKAR NO.36 VIJAYARAGHAVA ROAD, T.NAGAR, CHENNAI-17. ... PETITIONER Vs 1 THE CHAIRMAN TAMIL NADU ELECTRICITY BOARD, NPKRR MALIGAI, 800 ANNA SALAI, CHENNAI-2.

2 THE ASSISTANT ENGINEER, TAMIL NADU ELECTRICITY BOARD, T.NAGAR / EAST C.E.D.C. / CENTRAL, CHENNAI-17. ... RESPONDENTS Prayer in W.P.No.24002 of 2011:

Petition presented to this Court to issue a Wrti of Certiorarified Mandamus Calling for the records pertaining to the impugned Demand Notice dated 19.09.2011 issued by the 2nd Respondent herein for the Account Nos. 235-36-363 , 235-36-365, 235-36-369 and 235-36-379 and to quash the same. W.P.No.18283 of 2011:

1 M/S ECARE INDIA PVT. LTD.

REP.BY ITS MANAGING DIRECTOR DEEPAK KUMAR SANGHI 27-28 WOODS ROAD, MOUNT ROAD, CHENNAI-2. ... PETITIONER Vs 1 THE CHAIRMAN, TAMILNADU ELECTRICITY BOARD, NO.800 ANNA SALAI, CHENNAI-2.

2 THE SUPERINTENDENT ENGINEER, CEDC/CENTRAL, VALLUVAR KOTTAM, CHENNAI-34.

3 THE ASSISTANT ACCOUNT OFFICER O/O. EXECUTIVE ENGINEER (O&M), CHINTADRIPET REVENUE BRANCH, TNEB 6 LAFOND STREET, CHINTADRIPET, CHENNAI.

4 THE STATE OF TAMILNADU REP.BY ITS SECRETARY, INFORMATION TECHNOLOGY DEPARTMENT, EZHILAGAM, CHENNAI-9. ...RESPONDENTS Prayer in W.P.No.18283 of 2011:

Petition presented to this Court to issue a Writ of Certiorarified Mandamus calling for the records on the file of the third respondent in Lr.No.EEAAO/AS/A/Audit shortfall/ BOAB Audit (Slip No.118 dated 6.5.11) demanding differential tariff charges retrospectively for a back period of two years and quash the same as illegal so far as classifying the petitioner service connection Nos.101-003-151 under the LT Tariff V instead of LT Tariff III-B category and direct the respondent 1 to 3 not to levy tariff charges under Tariff V in respect of the service connection No.101-003-151.

WP (MD) NO.8088 OF 2008:

D.S.M.SOFT (P) LTD., NO.9 15TH CROSS STREET, ADYAR, CHENNAI 20.

...PETITIONER IN WP(MD) NO.8088 OF 2008 Vs 1 THE ASST. EXECUTIVE ENGINEER CANTONEMENT SECTION, TNEB, TENNUR, TIRUCHY.

2 THE TAMILNADU ELECTRICITY BOARD, REP BY ITS CHAIRMAN, 800 ANNA SALAI, CHENNAI 2.

3 THE TAMILNADU ELECTRICITY, REGULATORY COMMISSION REP BY ITS SECRETARY, 17 3RD MAIN ROAD, SEETHAMMAL COLONY, ALWARPET, CHENNAI 18. ...RESPONDENTS IN WP(MD) 8088 OF 2008

R4 STATE OF TAMIL NADU REP BY ITS SECRETARY, DEPARMENT OF INFORMATION TECHNOLOGY FORT ST. GEORGE, CHENNAI-600 009.

(R-4 impleaded vide Court order dated 17/06/2016 made in WMP (MD) No.7744 of 2016 passed by KKSJ) Prayer in WP (MD) NO.8088 of 2018:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the proceedings of the 1st Respondent comprised in Lr.No.AEE/O & M/CONT/TRY/FRB 2008, 2009, dated 26/08/08 and quash the same and consequently direct the first and Second Respondents to restore the tariff classification of the Petitioner Unit to LT tariff III B.

W.P.No.10175 of 2009:

For Petitioner : Mr.S.Sathish in W.P.No.10175 of 2009 For Respondents : Mr.Aravind Pandian, AAG Assisted by Mr.P.R.Dilipkumar in W.P.No.10175 of 2009 W.P.No.17846 of 2009 For Petitioner : M/s.K.Moorthy For Respondents; Mr.Aravind Pandian, AAG Assisted by M/s.S.K.Raameshuwar W.P.No.18652 of 2010:

For Petitioner : M/s.A.Jenasenan For Respondents: M/s.Aravind Pandian, AAG Assisted by M/s.S.K.Raameshuwar W.P.No.27195 to W.P.No.27197 of 2008:

For Petitioner :M/s.Arun Anbumani For Respondents:M/s.Aravind Pandian, AAG Assisted by M/s.P.R.Dhilip kumar

W.P.No.6225 of 2008:

For Petitioner :M/s.K.Moorthy, For Respondents 1,3 & 4 :M/s.Aravind Pandian, AAG Assisted by M/s.S.K.Raameshuwar For R2 & R5 : M/s.J.Ramesh, AGP W.P.No.8424 of 2009:

For Petitioner : M/s.S.Venkateswaran For Respondents R2 & R5 : M/s.J.Ramesh, AGP R1,R3,R4 : M/s.Aravind Pandian, AAG Assisted by M/s.P.R.Dhilip kumar R6 : M/s.K.Moorthy R7 : M/s.J.Ravikumar W.P.No.24002 of 2011:

For Petitioner : M/s.Krishna Ravindran For Respondents: M/s.Aravind Pandian, assisted by M/s.P.R.Dhilip kumar W.P.No.18283 of 2011:

For Petitioner : M/s.T.Pramod Kumar Chopda For Respondents R1 to R3 : M/s.Aravind Pandiyan, AAG, assisted by M/s.S.K.Raameshuwar R4 : M/s.J.Ramesh, AGP W.P(MD) No.8088 of 2008:

For Petitioner : M/s.S.Subramaniam Balaji For Respondents: M/s.Aravind Pandian, AAG Assisted by M/s.S.K.Raameshuwar

C O M M O N O R D E R Since the issue involved in all these writ petitions are one and the same, they are heard together and disposed of by way of a common order. Though W.P.(MD) No.8088 of 2008 pertains to the Madurai Bench of the Madras High Court, it is connected with some of the writ petitions in this batch and hence it was transferred to the Principal Seat after obtaining appropriate orders from The Hon'ble The Chief Justice and listed today before this Court.

2.The petitioners herein are having either HT or LT service connections, as the case may be, from the respective Superintending Engineers. The issue involved in the present cases are the shortfall demands made by the Respondent Board towards tariff difference between HT 1A & III and LT IIIB & V, which have been challenged by the petitioners in the writ petitions.

3.The case of the respondent is that the shortfall arrears are raised as per the TNERC Tariff Order No.1/2002 dated 15.03.2003 (with effect from 16.03.2003) and that IT/ITES are not included in the said Tariff Order No.1/ 2002. The petitioners filed the writ petitions against the shortfall demand notices objecting to the same stating that IT/ITES comes under HT 1A and LT IIIB, as the case may be, as per the Government of Tamil Nadu IT Policy, no retrospective tariff revision can be made, etc. However, according to the respondent, the shortfall demand is raised as per the TNERC order in T.P.No.1 of 2002 dated 15.03.2003 (with effect from 16.03.2003) since the provision to include IT/ITES industries are prescribed in the TNERC Tariff Order with effect from 01.04.2012.

4.Since the petitioners filed writ petitions challenging the respective impugned orders issued by the respondent Executive Engineers/ Superintending Engineers, the learned Additional Advocate General appearing on their behalf would submit that there is an effective remedy before the Tamil Nadu Electricity Regulatory Commission (TNERC) and that in order to resolve the issue inbetween the consumer and the respondent Board, the respondent Board may be directed to file appropriate petition before the TNERC whether the petitioners are eligible for HT 1A/ LT IIIB tariff concession, as the case may be. To enable the TNERC to decide whether the petitioners are eligible for HT 1A and LT IIIB tariff concession, as the case may be, this Court may issue directions to the TNERC to pass appropriate

orders within a period of twelve weeks from the date of the petition to be filed by the respondent Board before TNERC. 5.In view of the above, it is necessary to resolve the issue by Tamil Nadu Electricity Regulatory Commission. Hence, without expressing any opinion on the merits of the case, I am inclined to issue direction to the respondent Board to file appropriate petition before the Tamil Nadu Electricity Regulatory Commission within a period of four weeks from the date of receipt of a copy of this order. Thereafter, the Tamil Nadu Electricity Regulatory Commission is directed to pass appropriate orders within a period of twelve weeks from the date of filing of the petition by the respondent Board and after issuing notice to and hearing the petitioners herein on merits. The respondent is directed to maintain status-quo till the disposal of the petition to be filed before the Tamil Nadu Electricity Regulatory Commission.

6.With the above directions, the writ petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1.THE CHAIRMAN, TAMIL NADU ELECTRICITY BOARD, 800, ANNA SALAI, CHENNAI - 600 002.

2.THE EXECUTIVE ENGINEER, TAMIL NADU ELECTRICITY BOARD AMBATTUR INDUSTRIAL ESTATE, 3RD MAIN ROAD, AMBATTUR, CHENNAI - 600 058.

3.THE SECRETARY, THE STATE OF TAMILNADU, ENERGY DEPARTMENT, EZHILAGAM, CHENNAI-5.

4.THE SECRETARY, TAMILNADU ELECTRICITY REGULATORY, COMMISSIONER, NO.17, 3RD MAIN ROAD, SATHAMMAL COLONY, ALWARPET, CHENNAI-18.

5.THE ASSISTANT ENGINEER, OPERATION AND MAINTENANCE TNEB SANTHOME, SANTHOME HIGH ROAD, CHENNAI 4.

6.THE SUPERINTENDING ENGINEER CEDC/ SOUTH TAMIL NADU ELECTRICITY BOARD, 110 KVSS COMPLEX, K.K.NAGAR, CHENNAI-78.

7. THE SECRETARY, TAMIL NADU ELECTRICITY, REGULATORY COMMISSION, NO.19A RUKMINI LAKSHMIPATHI SALAI, EGMORE, CHENNAI-8.

8.THE ASSISTANT EXECUTIVE ENGINEER, OPERATIONS AND MAINTENANCE, TAMILNADU ELECTRICITY BOARD, NUNGAMBAKKAM, CHENNAI-34.

9.THE SECRETARY TO GOVERNEMNT, STATE OF TAMILNADU INFORMATION TECHNOLOGY DEPARTMENT EZHILAGAM, CHENNANI 600009.

10.THE SUPERINTENDENT ENGINEER CEDC(WEST), ANNA NAGAR, CHENNAI 600040.

11.THE ASSISTANT ENGINEER, TAMIL NADU ELECTRICITY BOARD, T.NAGAR / EAST C.E.D.C. / CENTRAL, CHENNAI-17.

12.THE SUPERINTENDING ENGINEER, CEDC/CENTRAL VALLUVAR KOTTAM, CHENNAI-34.

13.THE ASSISTANT ACCOUNT OFFICER O/O. EXECUTIVE ENGINEER (O&M), CHINTADRIPET REVENUE BRANCH, TNEB 6 LAFOND STREET, CHINTADRIPET, CHENNAI.

14.THE ASSISTANT EXECUTIVE ENGNEER, CONTONMENT SECTION, TNEB, TENNUR, TRICHY.

+3cc to M/s.K.Moorthy, Advocate Sr.72997, 72996, 72998 +2cc to M/s.P.R.Dhilipkumar, Advocate Sr.73008 W.P.Nos.10175, 17846 of 2009, 18652 of 2010, 27195, 27196, 27197, 6225 of 2008, 8424 of 2009, 24002, 18283 of 2011 And W.P.(MD) No.8088 of 2008 bp[co] srg 15/12/2020