Best Corporation Ltd v. Tamilnadu Electricity
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.18159 of 2010 And M.P.No.1 of 2010 Best Corporation Ltd., Repd. by its Manager P.Muthukrishnan ... Petitioner Vs.
1.Tamil Nadu Electricity Regulatory Commission repd. By its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road) Egmore, Chennai - 600 008.
2.The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai - 600 002.
3.The Superintending Engineer, Tirupur Electricity Distribution Circle, Tamil Nadu Electricity Board, Tirupur.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records of the 3rd respondent in No.SE/TEDC/TPR/DFC/AO/Rev./F.PKPenalty/ D.10 Dt....06.2010 and quash the same in so far as it relates to the levy of penalty for consumption during evening peak hours without giving adjustment of the wind energy available to the credit of the Petitioner as illegal, against the orders passed in Suo Moto Proceeding No.1 of 2009 by the 1st Respondent. For Petitioners : Mr.R.S.Pandiyaraj For Respondents : Mr.Aravind Pandian, AAG Assisted by Mr.S.K.Rameshwar
ORDER
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 3rd 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 Secretary, Tamil Nadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road) Egmore, Chennai - 600 008.
2.The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai - 600 002.
3.The Superintending Engineer, Tirupur Electricity Distribution Circle, Tamil Nadu Electricity Board, Tirupur.
+1 cc to M/s.R.S.Pandiyaraj,Advocate Sr.No. 73695 AKM/14.10.19/3P-5C / W.P.No.18159 of 2010 And M.P.No.1 of 2010