Ramaniyam Real Estates Pvt Limited v. The Tamil Nadu Generation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P. Nos. 10556, 10560, 10561 and 10563 of 2021 and W.M.P. Nos. 11142, 11146, 11147 and 11148 of 2021 Ramaniyam Real Estates Private Limited Rep. by its Managing Director V. Jagannathan No.17/35, Second Main Road Gandhi Nagar, Adyar Chennai - 600 020.

...Petitioner

in all the WPs Vs.

1. The Tamil Nadu General and Distribution Corporation Limited (TANGEDCO) Represented by its Chairman & Managing Director 144, Anna Salai Chennai - 600 002.

2. The Accounts Officer (Revenue) CEDC South TANGEDCO K.K.Nagar, Chennai - 600 078.

...Respondents

in all the WPs W.P. No. 10556 of 2021:

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the entire records of the Second Respondent in so far as the High Tension Bill (Provisional) dated 03.04.2020, 04.05.2020, 03.06.2020, 06.07.2020, 03.08.2020 and 02.09.2020 pertaining to High Tension Consumer Connection vide Service No. 099094010669 and quash the same and consequently, direct the Respondents to rework the HT Bill with service No. 099094010669 and the excess amount shall be adjusted towards the future bills by levying the minimum charges alone by the Second Respondent for the period from March 2020 to August 2020 and not to levy any penalty for the lock down period for the Petitioner's IT Park namely, Baid Hi Tech Park situated at D. No. 129B, Block-38, East Coast Road, Thiruvanmiyur, Chennai - 600 041.

W.P. No. 10560 of 2021:

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the entire records of the Second Respondent in so far as the High Tension Bill (Provisional) dated 08.04.2020, 09.05.2020, 06.06.2020, 08.07.2020, 07.08.2020 and 04.09.2020 pertaining to High Tension Consumer Connection vide Service No. 099094000563 and quash the same and consequently, direct the Respondents to rework the HT Bill with service No. 099094000563 and the excess amount shall be adjusted towards the future bills by levying the minimum charges alone by the Second Respondent for the period from March 2020 to August 2020 and not to levy any penalty for the lock down period for the Petitioner's IT Park namely, The Lords Block-1 situated at T.S. No. 15/9 & T.S. No. 10 of Block -2, Alandur Village, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai - 600 032. W.P. No. 10561 of 2021:

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the entire records of the Second Respondent in so far as the High Tension Bill (Provisional) dated 08.04.2020, 09.05.2020, 08.06.2020, 08.07.2020, 07.08.2020 and 07.09.2020 pertaining to High Tension Consumer Connection vide Service No. 099094000581 and quash the same and consequently, direct the Respondents to rework the HT Bill with service No. 099094000581 and the excess amount shall be adjusted towards the future bills by levying the minimum charges alone by the Second Respondent for the period from March 2020 to August 2020 and not to levy any penalty for the lock down period for the Petitioner's IT Park namely, The Lords Block-II situated at Plot Nos. 1 and 2, Block-2, Northern Phase Extension Area, Ekkaduthangal, Chennai - 600 032.

W.P. No. 10563 of 2021:

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the entire records of the Second Respondent in so far as the High Tension Bill (Provisional) dated 03.04.2020, 05.05.2020, 04.06.2020, 03.07.2020, 04.08.2020 and 04.09.2020 pertaining to High Tension Consumer Connection vide Service No. 099094011059 and quash the same and consequently, direct the Respondents to rework the HT Bill with service No. 099094011059 and the excess amount shall be adjusted towards the future bills by levying the minimum charges alone by the Second Respondent for the period from March 2020 to August 2020 and not to levy any penalty for the lock down period

for the Petitioner's school situated at S. Nos. 697/1B1, 696/1A1, 698/1A2, Anand Nagar Main Road, Okkiam Toraipakkam, Chennai - 600 041.

For Petitioner :

Mr. S.Sundaresan in all WPs For Respondents :

Mr. S.Gunaraj (For R1&R2) in all WPs COMMON ORDER These Writ Petitions have been filed praying for the issuance of Writ of Certiorarified Mandamus, to call for the records of the Second Respondent relating to the High Tension Bills (Provisional) dated 03.04.2020, 04.05.2020, 03.06.2020, 06.07.2020, 03.08.2020 and 02.09.2020 pertaining to Service Connection bearing No.099094010669; the High Tension Bills (Provisional) dated 08.04.2020, 09.05.2020, 06.06.2020, 08.07.2020, 07.08.2020 and 04.09.2020 pertaining to the Service Connection bearing No.099094000563; the High Tension Bills (Provisional) dated 08.04.2020, 09.05.2020, 08.06.2020, 08.07.2020, 07.08.2020 and 07.09.2020 pertaining to the Service Connection bearing No.099094000581; and the High Tension Bills (Provisional) dated 03.04.2020, 05.05.2020, 04.06.2020, 03.07.2020, 04.08.

2020 and 04.09.2020 pertaining to the Service connection bearing No.099094011059 and to quash the same and consequently, direct the Respondents to rework the HT Bills and adjust the excess amount towards future bills by levying the minimum charges and not to levy any penalty for the lock down period in respect of the petitioner's properties. 2.According to the Petitioner, they are running IT Parks and School and having High Tension Service Connection bearing Nos.099094010669, 099094000563, 099094000581 and 099094011059. During the Covid-19 pandemic period, pursuant to the lock down announced by the Government, the business operation of the petitioner was stopped.

But, the Respondent Board has raised bills at the rate of 90% of the sanctioned demand, contrary to Proviso 6(b) of the Supply Code, which provides for collection of minimum charges of 20% of the billable demand or recorded demand, whichever is higher, besides charges for the actual consumption of electricity. Aggrieved over the same, the petitioner has come up with these writ petitions for the aforesaid relief.

3.The learned counsel for the Petitioner submitted that in similar circumstances, by order dated 14.08.2020, this Court, in a batch of writ petitions in W.P.No.7678 of 2020, after having held that maximum demand charges and the compensation charges

levied by the TANGEDCO against the HT consumers are illegal, unsustainable and in violation of statutory regulations, allowed those writ petitions with certain directions, the operative portion of which is profitably, extracted hereunder:- "45.The above discussion leads this Court to the only conclusion that the maximum demand charges and the compensation charges levied by TANGEDCO against the petitioners who are HT consumers, is illegal, unsustainable and in violation of the statutory regulations.

Accordingly, the Maximum Demand Charges and the compensation towards low PF that have been questioned in the impugned bills raised by the TANGEDCO for each of the consumers who are parties in these batch of writ petitions, is hereby quashed. The following directions are also issued by this Court:

a) TANGEDCO shall issue a revised bill to the petitioners by applying Regulation 6(b) of the Supply Code for the entire period when the establishment was under shut down;

b) If TANGEDCO has already recovered the entire dues from any of the petitioners, the bill shall be reworked in accordance with the direction given in Clause (a) and the excess amount shall be adjusted towards the future bills;

c) If the demand made by TANGEDCO has been adjusted from the security deposit and any of the petitioner has been asked to pay any amount towards additional security deposit on that count, the said claim shall be withdrawn forthwith and the calculation of the additional security deposit shall be independently done under Regulation 5 of the Supply Code and demand/ adjustment shall be done in accordance with the said Regulation;

d) The TANGEDCO shall not levy compensation charges towards low PF from the petitioners during the period of lockdown. Even if such levy is made in future, show cause notice shall be issued to the consumer and an opportunity shall be given to the consumer before levying any compensation under Clause 6.1.1.6 of the Tariff Regulation;

e) If any amount has already been recovered towards levy of compensation charges for low PF from any of the petitioners, the said amount shall be adjusted towards future bills;

f) These directions will apply only for the period during which the establishment was under total lockdown due to the orders issued by the Government and it is made clear that it pertains only to the Minimum Charges payable under Regulation 6(b) of the Supply Code and there is no exemption or concession insofar as the charges payable for the actual consumption of electricity (Energy Charges); and g) If any of the establishments continue to be under lockdown due to the Government Orders passed in this regard, the minimum charges alone shall be collected till the lifting of the lockdown."

Hence, the learned counsel prayed for similar order in these writ petitions also.

4.Mr.S.Gunaraj, Learned Standing Counsel taking notice for the Respondents submitted that as against the aforesaid order, the Respondent Board has filed Writ Appeals before a Division Bench of this Court and the same are yet to be taken up. However, he fairly submitted that the petitioner Companies were not in operation due to the lock down announced by the Government.

5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side and also following the earlier order of this Court as referred to above, these Writ Petitions stand allowed, in the same lines as done in the order dated 14.08.2020 made in W.P.No.7678 of 2020 etc. batch. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar

Maya To

1. The Tamil Nadu General and Distribution Corporation Limited (TANGEDCO) Represented by its Chairman & Managing Director 144, Anna Salai Chennai - 600 002.

2. The Accounts Officer (Revenue) CEDC South TANGEDCO K.K.Nagar, Chennai - 600 078.

+4ccs to Mr.S.Sundaresan, Advocate, S.R.No.25481,25482,25483, 25480 W.P. Nos. 10556, 10560, 10561 and 10563 of 2021 PP[co] NSK 07/09/2021