Ilara Jothi v. Tamilnadu Electricity
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03-12-2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM WP NOS.34703 TO 34705 OF 2013 AND MP NOS.1, 1 AND 1 OF 2013 Illara Jothi ..Petitioner in WP 34703/2013 B.Basheer Ahmed ..Petitioner in WP 34704/2013 B.Mohammed Sulaiman ..Petitioner in WP 34705/2013 vs.
1. Tamil Nadu Electricity Generation and Distribution Corporation Limited (TANGEDCO), Represented by its Chief Engineer (Commercial), No.144, Anna Salai, Chennai-2.
2. The Superintending Engineer, Villupuram Electricity Distribution Circle, No.10, Old Power House Road, Villupuram - 605 602.
3. The Executive Engineer, TANGEDCO, Villupuram.
4. The Assistant Executive Engineer (O&M), TANGEDCO, Vikravandi, Villupuram.
5. The Assistant Engineer, TANGEDCO, Vikravandi, Villupuram.
..Respondents
WP 34703 of 2013 is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records of impugned communication in Ka.No.Vu.Se.Po/E&Pa/Vikra/ Ko.LTCT/A.No.115/13-14 dated 07.10.2013 passed by the fourth respondent and quash the same. WP 34704 of 2013 is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records of impugned communication in Ka.No.Vu.Se.Po/E&Pa/Vikra/ Ko.LTCT/A.No.116/13-14 dated 07.10.2013 passed by the fourth respondent and quash the same. WP 34705 of 2013 is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records of impugned communication in Ka.No.Vu.Se.Po/E&Pa/Vikra/ Ko.LTCT/A.No.108/13-14 dated 05.10.2013 passed by the fourth respondent and quash the same. For Petitioner in all WPs : No Appearance For Respondents in all Wps : Mr.L.Jaivenkatesh, Standing Counsel for TANGEDCO.
COMMON ORDER The petitioners were doing the business of Rice and obtained Service Connections in S.C.Nos.415-001-1582 and 415-001-3023, 024150012129 and 024150013011 and 1384 and 3063 respectively for the purpose of running Rice Mills in the name and style of 'ATS Modern Rice Mill', 'BBB Modern Rice Mill' and 'BMS and MAB Modern Rice Mill'.
2. In view of the fact that the petitioners were enjoying more than one HT connection in the same business premises, the Electricity Board Authorities passed an order for amalgamation of LT connection as HT connection as per the orders passed by the Tamil Nadu Electricity Regulatory Commission.
3. As per the Tamil Nadu Electricity Regulatory Commission's order, different connections cannot be provided for running a business in the same premises, as in the present case, the petitioners were running the Rice Mills. Thus, the Authorities during inspection found more than one LT connections and therefore, issued the impugned orders to amalgamate the LT connections and got one HT connection for the purpose of running the Rice Mills.
4. More than one connection is obtained in order to minimise the electricity consumption charges and this issue was elaborately considered by the Tamil Nadu Electricity Regulatory Commission and the Commission state that in such circumstances, the Authorities must ensure loss of revenue to the Electricity Board and issue suitable orders, directing the consumers to convert the connections into one HT connection for the purpose of running the Rice Mill business.
5. This being the facts and circumstances, this Court do not find any merit in respect of the contentions raised by the petitioners. Consequently, all the writ petitions stand dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are also dismissed.
Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar Svn To
1. The Chief Engineer (Commercial), Tamil Nadu Electricity Generation and Distribution Corporation Limited (TANGEDCO), No.144, Anna Salai, Chennai-2.
2. The Superintending Engineer, Villupuram Electricity Distribution Circle, No.10, Old Power House Road, Villupuram - 605 602.
3. The Executive Engineer, TANGEDCO, Villupuram.
4. The Assistant Executive Engineer (O&M), TANGEDCO, Vikravandi, Villupuram.
5. The Assistant Engineer, TANGEDCO, Vikravandi, Villupuram.
+1cc to Mr.L.Jaivenkatesh, Advocate, S.R.No.64465 WPs 34703 to 34705 of 2013 GPL(CO) RLP(15/12/2021)