Jeppiaar Engineering College v. The Tamil Nadu Generation And Distribution Corporation Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.07.2021
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.Nos. 13585, 11715, 13375, 13415, 13424, 13426, 13440, 9381, 13423, 11719, 11722, 11725, 11726, 11729, 13377, 13380, 13381, 13412, 13441, 13442, 13443, 12510, 12513, 12733, 12934, 12938, 12982, 12984, 13345, 13353, 13354, 13348, 13349, 13371, 13374 of 2021 and W.M.P.Nos.14457, 13287, 13283, 13530, 13529, 13742, 13738, 13788, 13791, 13787, 13792 of 2021 1 JEPPIAAR ENGINEERING COLLEGE REP BY ITS PRINCIPAL DR.V.NATARAJAN OLD MAHABALIPURAM ROAD SEMMANCHERI OLD MAHABALIPURAM ROAD JEPPIAAR SHOLINGANALLUR CHENNAI TAMILNADU-600 119 ...PETITIONER in WP No.13585 of 2021 1 M/S.JENNEX GRANITES INDUSTRI ES (P) LTD. REP. BY ITS MANAGER S.SENTHIL KUMAR S/O. SADASIVAM AGED 39 YRS CARRYING ON BUSINESS AT NO. E-16 PHASE-II EXPANSION-1 SIPCOT INDUSTRIAL COMPLES, HOSUR, KRISHNAGIRI DISTRICT-635 109.
... PETITIONER in WP No.11715 of 2021 1 GHANI RASHEED AND CO HT SERVICE NO.89094121121 REP BY ITS PARTNER MR.S.KHALEEQUR RAHMAN 90-A/ MBT ROAD RANIPET-632 401 ... PETITIONER in WP No.13375 of 2021 1 SARA LEATHERS INDUSTRIES B UNIT HTSC NO. 089094121113 REP BY ITS PARTNER MR.MALAK AKBER HUSSIAN NO.110 MBT ROAD RANIPET- 632 401.
... PETITIONER in WP No.13415 of 2021 1 BHARATH ENTERPRISES HT SERVICE NO. 89094121133 REPRESENTED BY ITS PARTNER MR. BARATHKUMAR NO. 21 BYEPASS ROAD RANIPET 632 401 ... PETITIONER in WP No.13424 of 2021
1 T M ABDUL RAHMAN AND SONS HT SERVICE NO. 89094121118 REPRESENTED BY ITS PARTNER MR. T. M. ABDUL JAMEEL NO. 45J AMMOOR ROAD RANIPET 632 401 ... PETITIONER in WP No.13426 of 2021 1 S.L.LEATHERS PRIVATE LIMITED HT SERVICE NO.89094121217 REP BY ITS AUTHORIZED SIGNATORY MR.S.B.MURUGAPAAN VISHARAM SALAI KATHIAVAADI ARCOT- 632 503.
... PETITIONER in WP No.13440 of 2021 1 MPM TEXTILES PVT. LTD HTSC NO.0414 S.F.NO.302 / 1 2 KADAIYUR POST KANGAYAM TIRUPPUR DISTRICT REP.BY ITS SAUTHORIZED SIGNATORY M.BALAMURUGAN.
... PETITIONER in WP No.9381 of 2021 1 BLUE DIAMOND LEDERS HT SERVICE NO. 89094121313 REPRESENTED BY ITS MANAGING PARTNER MR. A. KUMARESAPANDIAN S.F. NO. 11/3A B AND CM BT ROAD CROSS RANIPET 632 401 ... PETITIONER in WP No.13423 of 2021 1 M/S.LEO METAL WORK (P) LTD.
REP. BY ITS PROPRIETOR A.ELUMALAI S/O. ANNAMALAI AGED 37 YEARS CARRYING ON BUSINESS AT 1/223 KUNDUMARANPALLI VILLAGE KELAMANGALAM MAIN ROAD DENKANIKOTTAI TALUK, KRISHNAGIRI DISTRICT 635 113.
... PETITIONER in WP No.11719 of 2021 1 M/S.SRIDEVALAM PVT LTD REP BY ITS MANAGER RAJENDRA KUMAR S/O. KAILASH PRASAD YADUKA AGED ABOUT 46 YEARS CARRYING ON BUSINESS AT S.NO. 817/ 1B BAIRAMANGALAM VILLAGE, DENKANIKOTTAI TALUK, KRISHNAGIRI DISTRICT 635 113.
... PETITIONER in WP No.11722 of 2021 1 M/S. THE SUPREME INDUSTRIES LTD. UNIT -II REP. BY ITS MANAGER K.SARAVANAN S/O. KANNAN AGED ABOUT 40 YRS CARRYING ON BUSINESS AT BYARAMANGALAM VILLAGE / POST KELEMANGALAM PANCHAYAT DENKANIKOTTAI TALUK KRISHNAGIRI DISTRICT 635 113 ... PETITIONER in WP No.11725 of 2021
1 M/S.ENDEKA CERAMICS INDIA PVT LTD REP. BY ITS MANAGER D.SONAIMUTHU C/O.DURAISAMY AGED 55 YEARS CARRYING ON BUSINESS AT PLOT NO.74 AND 85 SIPCOT ELECTRONICS COMPLEX PHASE-I KUMUDEPALLI POST, HOSUR, KRISHNAGIRI DISTRICT-635 109.
... PETITIONER in WP No.11726 of 2021 1 M/S.TECHNOAGE PRECISION PRODUCTS (P)LTD REP. BY ITS MANAGER N.VENKATESH S/O. K.R.S. NARAYANAN AGED 50 YEARS CARRYING ON BUSINESS AT. S.NO.832A AGGONDAPALLI CHETTIPALLI POST KEDAMANGALAMMAI ROAD, HOSUR, KRISHNAGIRI DISTRICT 635 110.
... PETITIONER in WP No.11729 of 2021 1 K.A.S.INDUSTRIES INDIA LTD HTSC NO. 89094121246 REP BY ITS DIRECTOR MOHAMAD FAZIL NO.118-C M.B.T.ROAD 1ST CROSS RANIPET-632 401 ... PETITIONER in WP No.13377 of 2021 1 T.M.ABDUL RAHMAN AND SONS SHOE UNIT HT SERVICE NO.89094121244 REP BY ITS PARTNER MR.T.M.KHIZAR HUSSAIN 46C AMMOOR ROAD RANIPET-632 402 ... PETITIONER in WP No.13380 of 2021 1 RAASIGA LEATHERS HT SERVICE NO. 89094121154 REP BY ITS PARTNER MR.R.VINOD GANDHI NO.701/1 M.B.T.
ROAD CROSS RANIPET-632 401 ... PETITIONER in WP No.13381 of 2021 1 K.H.LEATHER INDUSTRIES PVT LTD., HT SERVICE NO. 89094121096 REP BY ITS DIRECTOR MR. M. AKBER HUSSIAN NO.18 KRISHNAGIRI BYE PASS ROAD RANIPET- 632 401.
... PETITIONER in WP No.13412 of 2021 1 SAKVAI ABDUL SALAM SOLE PROPRIETOR-M/S.VICTORY ASSOCIATES HT SERVICE NO. 89094121071 NO.26 V.V. KOIL STREET PERIAMET CHENNAI- 600 003.
... PETITIONER in WP No.13441 of 2021
1 VISHARAM TANNERS ENVIRO CONTROL SYSTEMS PVT LTD HT SERVICE NO. 89094121171 REP BY ITS MANAGING DIRECTOR MR. M.ASHRAF ALI, NO.305 AND 306 KATHIVADI ROAD MELVISHARAM- 632 509 ...PETITIONER in WP No.13442 of 2021 1 RAHMANIA LEATHERS HT SERVICE NO. 89094121195 REP BY ITS PARTNER T.M.ABDUL SHAKOOR 50/A C.ABDUL HAKEM ROAD MELVISHARAM- 632 509 ... PETITIONER in WP No.13443 of 2021 1 KALPATHI S.AGHORAM BLOCK NO. 114 DOOR NO. 24 G.N.CHETTY ROAD T. NAGAR CHENNAI ... PETITIONER in WP No.12510 of 2021 1 KALPATHI S.AGHORAM 3/47 ALAPAKKAM MAIN ROAD MADURAVOYAL CHENNAI ... PETITIONER in WP No.12513 of 2021 1 M/S.BROKEFIELDS ESTIMATES PVT.LTD REP BY ITS CHIEF OPERATING OFFICER MR.ASHWIN BALASUBRAMANIAM AGE.39 67-71 KRISHNASAMY ROAD COIMBATORE- 641 001.
... PETITIONER in WP No.12733 of 2021 1 AGS CINEMAS PVT. LTD.
NO.87/ 1 A, 1B AND 88 /2A, CORAMANDEL PLAZA OLD MAHABALIPURAM ROAD NAVALLUR CHENNAI.
... PETITIONER in WP No.12934 of 2021 1 AGS CINEMAS PVT. LTD.
1/1 METTU STREET VILLIVAKKAM CHENNAI 600049.
... PETITIONER in WP No.12938 of 2021 1 PLAZA MAINTENANCE AND SERVICES LIMITED REPRESENTED BY ITS DIRECTOR MR. M.BALASUBRAMANIAM S/O. G. MAHALINGAM AGE 69 SPENCER PLAZA 769 ANNA SALAI CHENNAI 600 002 ...PETITIONER in WP No.12982 & 12984 of 2021
1 K.H. EXPORTS INDIA (P) LTD.
(FOOTWEAR TANNERY A DIVISION) HT SERVICE NO 089094121032 REPRESENTED BY ITS VICE PRESIDENT (COMMERCIAL) MR G. MOHAMED KALEEMULLAH NO. 117 M.B.T. ROAD RANIPET-632 403. ... PETITIONER in WP No.13345 of 2021 1 K.H. EXPORTS INDIA (P) LTD.
(FOOTWEAR COMPONENT DIVISION ) HT SERVICE NO 089094121212 REPRESENTED BY ITS VICE PRESIDENT (COMMERCIAL) MR G. MOHAMED KALEEMULLAH NO. DOOR NO. 8/13, BYPASS ROAD, RANIPET-632 401.
... PETITIONER in WP No.13353 of 2021 1 K.H. EXPORTS INDIA (P) LTD.
(GLOVE DIVISION) HT SERVICE NO 089094121145 REPRESENTED BY ITS VICE PRESIDENT (COMMERCIAL) MR G. MOHAMED KALEEMULLAH NO.
DOOR NO. 8 BYE PASS ROAD RANIPET-632401 ... PETITIONER in WP No.13354 of 2021 1 K.H. EXPORTS INDIA (P) LTD.
(FOOTWEAR TANNERY A DIVISION) HT SERVICE NO.089094121065 REPRESENTED BY ITS VICE PRESIDENT (COMMERCIAL) MR G. MOHAMED KALEEMULLAH NO. 2 (L.F.ROAD) BYPASS ROAD, RANIPET 632 401.
... PETITIONER in WP No.13348 of 2021 1 K.H. EXPORTS INDIA (P) LTD.
(FOOTWEAR DIVISION) HT SERVICE NO 089094121094 REPRESENTED BY ITS VICE PRESIDENT (COMMERCIAL) MR G. MOHAMED KALEEMULLAH DOOR NO. 8 BYE PASS ROAD RANIPET-632 401. ... PETITIONER in WP No.13349 of 2021 1 A.T.H LEDER FABRIK HT SERVICE NO. 08909412-1104 REPRESENTED BY ITS AUTHORISED SIGNATORY G. MOHAMMED KALEEMULLAH NO. 258 KATHIVADI ROAD MELVISHARAM 632 509 ... PETITIONER in WP No.13371 of 2021
1 TAURUS GKK LEATHER PVT LTD HT SERVICE NO. 89094121153 REPRESENTED BY ITS MANAGING DIRECTOR MR. MSG BHUVAN KUMAR NO. 18/6 BYE PASS ROAD RANIPET 632 401 ...PETITIONER in WP No.13374 of 2021 Vs.
THE CHAIRMAN AND MANAGING DIRECTOR TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD (TANGEDCO) 144 ANNA SALAI CHENNAI-600 002 ...1st Respondent in all W.Ps THE CHIEF FINANCIAL CONTROLLER/ REVENUE TAMILNADU GENERATION AND DISTRIBUTION CORPORATION LIMITED (TANGEDCO) 144 ANNA SALAI CHENNAI-600 002 ...2nd Respondent in WP 13585, 13375, 13415, 13424, 13426, 13440, 9381, 13423, 13377, 13380, 13381, 13412, 13441, 13442, 13443, 13345, 13353, 13354, 13348, 13349, 13371, 13374 of 2021 THE ACCOUNTS OFFICER(REVENUE) TANGEDCO, SIPCOT INDUSTRIAL COMPLEX PHASE II HOSUR KRISHNAGIRI TALUK.
..2nd Respondent in W.P. No. 11715, 11726/2021 THE ACCOUNTS OFFICER(REVENUE) TANGEDCO ACHETTIPATTI HOSUR KRISHNAGIRI DISTRICT 635 109 ..2nd Respondent in W.P. No. 11729/2021 THE ACCOUNTS OFFICER(REVENUE) TANGEDCO DENKANIKOTTAI TALUK HOSUR KRISHNAGIRI DISTRICT ..2nd Respondent in W.P.11719, 11722, 11725/2021 THE SUPERINTENDING ENGINEER COIMBATORE ELECTRICITY DISTRIBUTION CIRCLE METRO TANGEDCO LTD COIMBATORE 641 012 ..2nd Respondent in W.P.12733/2021
THE SECRETARY THE GOVERNEMENT OF TAMIL NADU ENERGY DEPARTMENT FORT ST GEORGE CHENNAI, ...2nd Respondent in W.P.12510, 12513, 12934, 12938/2021 THE SUPERINTENDING ENGINEER TANGEDCO MGR SALAI 110/33/11KV VALLUVAR KOTTAM SS COMPLEX NUNGAMBAKKAM CHENNAI 600 034 ..2nd Respondent in W.P.12982 & 12984/2021 THE ACCOUNTS OFFICER/REVENUE OFFICE OF THE SUPERINTENDING ENGINEER C.E.D.C. SOUTH II, 110 K.V.S.S. COMPLEX K.K. NAGAR CHENNAI 600 078 ..3rd Respondent in W.P. 13585/2021 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER VELLORE ELECTRICITY DISTRIBUTION CIRCLE/ TANGEDCO KAMARAJAR BUILDING NO.15 10TH EAST MAIN ROAD GANDHI NAGAR VELLORE 632 006 ...3rd Respondent in WP 13375, 13415, 13424, 13426, 13440, 13423, 13377, 13380, 13381, 13412, 13441, 13442, 13443, 13345, 13353, 13354, 13348, 13349, 13371, 13374 of 2021 THE SUPERINTENDING ENGINEER TANGEDCO PALLADAM ELECTRICITY DISTRIBUTION CIRCLE PALLADAM ..3rd Respondent in W.P.9381/2021 THE FINANCIAL CONTROLLER CEDC CENTRAL TANGEDCO VALLUVARKOTTAM SS CAMPUS NUNGAMBAKKAM CHENNAI 600 034 ..3rd Respondent in W.P.12510, 12982/2021
THE ACCOUNTS OFFICER/REVENUE CEDC WEST TANGEDCO TIRUMANGALAM CHENNAI 625 706.
..3rd Respondent in W.P.12513/2021 THE DEPUTY FINANCE CONTROLLER OFFICE OF THE SUPERINTENDING ENGINEER K.K NAGAR CHENNAI ..3rd Respondent in W.P.12934/2021 THE ACCOUNTS OFFICER/REVENUE OFFICE OF THE SUPERINTENDING ENGINEER ANNA SALAI CHENNAI ..3rd Respondent in W.P.12938/2021 THE ACCOUNTS OFFICER / REVENUE OFFICE OF THE SUPERINTENDING ENGINEER VELLORE ELECTRICITY DISTRIBUTION CIRCLE/ TANGEDCO KAMARAJAR BUILDING NO.15 10TH EAST MAIN ROAD GANDHI NAGAR VELLORE 632 006 ...4th Respondent in WP 13375, 13415, 13424, 13426, 13440, 13423, 13377, 13380, 13381, 13412, 13441, 13442, 13443, 13345, 13353, 13354, 13348, 13349, 13371, 13374 of 2021 THE SECRETARY TAMILNADU ELECTRICITY REGULATORY COMMISSION(TNERC) TIDCO OFFICE BUILDING NO.19-A RUKMANI LAKSHMIPATHI SALAI MARSHALLS ROAD EGMORE CHENNAI-600 008 ...4th Respondent in W.P.13585/2021 ...5th Respondent in W.P.13375, 13415, 13424, 13426, 13440, 13423, 13377, 13380, 13381, 13412, 13441, 13442, 13443, 13345, 13353, 13354, 13348, 13349, 13371, 13374/2021 Prayer:
WP 13585 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus,Calling for the entire records pertaining to the issuance of Bill No.H4010720122011 dated 7.1.2021 Bill No.H4010720012111 dated 6.2.2021 Bill No. H4010720022111 dated
5.3.2021 Bill No.H4010720032111 dated 8.4.2021 Bill No.H4010720042111 dated 05.5.2021 and Bill No. H4010720052111 dated 1.6.2021 issued by the Respondent No.1 and quash the same as it is in violation of the Regulation 6 of the TamilNadu Electricity Supply code 2014 and consequently direct the Respondent NO.1 to rework on the above -mentioned bills and refund the any such amounts already paid by the petitioner or adjust the same towards the future bills.
WP 11715 of 2021:
This Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus calling for the entire records of the 2nd respondent in so far as the High Tension Bill (Provisional) dated 03.04.2020 06.05.2020 02.06.2020 02.07.2020 03.08.2020 and 03.09.2020 pertaining to High Tension Consumer Connection vide Service No. 089094210316 and quash the same and consequently direct the respondents to rework the HT Bill with Service no. 089094210316 and the excess amount shall be adjusted towards the future bills by levying the minimum charges alone by the 2nd respondent for the period from March 2020 to August 2020 and not to levy any penalty for the lock down period under which the petitioners cooker making factory situated at No. E-16 Phase-II Expansion-1 Sipcot Industrial Complex, Hosur, Krishnagiri District 635 109.
WP 13375 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus, calling for the records of the 4th Respondent culminating in the impugned High Tension Bills (Provisional) bearing Bills (Provisional) bearing Bill No. 9094121121042001 dated 4.4.2020 for the month of March 2020 bill No.9094121121052001 dated 7.5.2020 for the month of April 2020 Bill No. 9094121121062001 dated 4.6.
2020 for the month of May 2020 issued to the petitioner in violation of Regulation 6 (b) of the TamilNadu Electricity Supply code 2004 quash the same and consequently direct the Respondents 1 to 4 to revise and reissue the said impugned bills by levying Demand Charges at the rate of 20 percentage of the contracted demand or recorded demand whichever is higher in accordance with the said Regulation 6 (b) of the Tamil Nadu Electricity Supply Code, 2004, for the lockdown and restricted working periods imposed by the Governments, and to duly adjust towards the Petitioner's future Bills the huge amounts collected from the Petitioner during the said periods towards Demand Charges.
WP 13415 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus, Calling for records of the 4th Respondent culminating in the impugned High Tension Bills (provisional ) bearing Bills (Provisional) bearing Bill No. 9094121113042001 dated 04.04.2020 for the month of March 2020 Bill No.9094121113052001 dated 07.05.2020 for the month of April 2020 and Bill No. 9094121113062001 dated 04.06.
2020 for the month of May 2020 issued to the petitioner in violation of Regulation 6 (b) of the Tamil Nadu Electricity Supply code 2004 quash the same and consequently direct the Respondents 1 to 4 to revise and reissue the said impugned Bills by levying Demand Charges at the rate of 20 percentage of the contracted demand or recorded demand whichever is higher in accordance with the said Regulation 6 (b) of the Tamil Nadu Electricity Supply Code, 2004, for the lockdown and restricted working periods imposed by the Governments, and to duly adjust towards the Petitioner's future Bills the huge amounts collected from the Petitioner during the said periods towards Demand Charges. W.P.No.
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus, Calling for the impugned records of the 4th Respondent culminating in the impugned High Tension Bills provisional bearing Bills (Provisional) bearing Bill No. 9094121133042002 dated 04.04.2020 for the month of March 2020 Bill No.9094121133052001 dated 08.05.2020 for the month of April 2020 and Bill No. 9094121133062001 dated 04.06.
2020 for the month of May 2020 issued to the petitioner in violation of Regulation 6 (b) of the Tamil Nadu Electricity Supply code 2004 quash the same and consequently direct the Respondents 1 to 4 to revise and re- issue the said impugned Bills by levying Demand Charges at the rate of 20 percentage of the contracted demand or recorded demand whichever is higher contracted demand or recorded demand whichever is higher in accordance with the said Regulation 6 (b) of the Tamil Nadu Electricity Supply Code, 2004, for the lockdown and restricted working periods imposed by the Governments, and to duly adjust towards the Petitioner's future Bills the huge amounts collected from the Petitioner during the said periods towards Demand Charges.
Constitution of India, to issue a writ of Certiorarified mandamus Calling for the impugned records of the 4th Respondent culminating in the impugned High Tension Bills (provisional ) bearing Bills (Provisional) bearing Bill No. 9094121118042001 dated 04.04.2020 for the month of March 2020 Bill No.9094121118052001 dated 07.05.2020 for the month of April 2020 and Bill No. 9094121118062001 dated 04.06.
2020 for the month of May 2020 issued to the petitioner in violation of Regulation 6 (b) of the Tamil Nadu Electricity Supply code 2004 quash the same and consequently direct the Respondents 1 to 4 to revise and re- issue the said impugned Bills by levying Demand Charges at the rate of 20 percentage of the contracted demand or recorded demand whichever is higher contracted demand or recorded demand whichever is higher in accordance with the said Regulation 6 (b) of the Tamil Nadu Electricity Supply Code, 2004, for the lockdown and restricted working periods imposed by the Governments, and to duly adjust towards the Petitioner's future Bills the huge amounts collected from the Petitioner during the said periods towards Demand Charges.
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus Calling for records of the 4th Respondent culminating in the impugned High Tension Bills (provisional ) bearing Bills (Provisional) bearing Bill No. 9094121217042001 dated 07.04.2020 for the month of March 2020 Bill No.9094121217052001 dated 08.05.2020 for the month of April 2020 and Bill No. 9094121217062001 dated 02.06.
2020 for the month of May 2020 issued to the petitioner in violation of Regulation 6 (b) of the Tamil Nadu Electricity Supply code 2004 quash the same and consequently direct the Respondents 1 to 4 to revise and reissue the said impugned Bills by levying Demand Charges at the rate of 20 percentage of the contracted demand or recorded demand whichever is higher in accordance with the said Regulation 6 (b) of the Tamil Nadu Electricity Supply Code, 2004, for the lockdown and restricted working periods imposed by the Governments, and to duly adjust towards the Petitioner's future Bills the huge amounts collected from the Petitioner during the said periods towards Demand Charges.
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus,Directing the respondents to extend the benefit of the order of this Honourable Court dated 14/08/2020 passed in
WP.No.7678 of 2020 in a similar batch matter and to apply the order of this Honourable Court as per Article 14 of the Constitution of India to the petitioner also and consequently direct the 3rd Respondents to cause to issue the fresh CC Bills for the months of March 2020 - September 2020 falling in the lockdown periods and also to further direct the respondents to refund the excessively collected demand charges from the petitioner.
WP 13423 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus, Calling for the impugned records of the 4th Respondent clminating in the impugned High Tension Bills (provisional ) bearing Bills (Provisional) bearing Bill No. 9094121313042001 dated 04.04.2020 for the month of March 2020 Bill No.9094121313052001 dated 07.05.2020 for the month of April 2020 and Bill No. 9094121313062001 dated 04.06.
2020 for the month of May 2020 issued to the petitioner in violation of Regulation 6 (b) of the Tamil Nadu Electricity Supply code 2004 quash the same and consequently direct the Respondents 1 to 4 to revise and re- issue the said impugned Bills by levying Demand Charges at the 20 % of the contracted demand or recorded demand, whichever is higher, in accordance with the said Regulation 6 (b) of the Tamil Nadu Electricity Supply Code, 2004, for the lockdown and restricted working periods imposed by the Governments, and to duly adjust towards the Petitioner's future Bills the huge amounts collected from the Petitioner during the said periods towards Demand Charges.
WP 11719 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus, calling for the entire records of the 2nd respondent in so far as the High Tension Bill (Provisional) dated 03.04.2020 06.05.2020 02.06.2020 08.07.2020 12.08.2020 and 08.09.2020 pertaining to High Tension Consumer Connection vide Service No. 089094210448 and quash the same and consequently direct the respondents to rework the HT Bill with Service no. 089094210448 and the excess amount shall be adjusted towards the future bills by levying the minimum charges alone by the 2nd respondent for the period from March 2020 to August 2020 and not to levy any penalty for the lock down period under which the petitioners cooker making factory situated at 1/223 Kundumaranpalli Village , Kelamanglam Main Road, Denkanikottai, T.K., Krishnagiri District 635 113.
WP 11722 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus , calling for the entire records of the 2nd respondent in so far as the High Tension Bill (Provisional) dated 01.04.2020 07.05.2020 05.06.2020 04.07.2020 03.08.2020 and 02.09.2020 pertaining to High Tension Consumer Connection vide Service No. 089094210571 and quash the same and consequently direct the respondents to rework the HT Bill with Service no. 089094210571 and the excess amount shall be adjusted towards the future bills by levying the minimum charges alone by the 2nd respondent for the period from March 2020 to August 2020 and not to levy any penalty for the lock down period under which the petitioners Plywood manufacturing factory Situated at S.No. 817/1B Bairamangalam Village Denkanikottai, T.K., Krishnagiri District 635 113.
WP 11725 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus, calling for the entire records of the 2nd respondent in so far as the High Tension Bill (Provisional) dated 09.04.2020 07.05.2020 05.06.2020 07.07.2020 10.08.2020 and 07.09.2020 pertaining to High Tension Consumer Connection vide Service No. 089094210477 and quash the same and consequently direct the respondents to rework the HT Bill with Service no. 089094210477 and the excess amount shall be adjusted towards the future bills by levying the minimum charges alone by the 2nd respondent for the period from March 2020 to August 2020 and not to levy any penalty for the lock down period under which the petitioners Plastic Furniture factory situated at Byaramangalam Village / Post Kelemangalam Panchayat, Denkanikottai, T.K., Krishnagiri District 635 113. WP 11726 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus, calling for the entire records of the 2nd respondent in so far as the High Tension Bill (Provisional) dated 03.04.2020 06.05.2020 02.06.2020 03.07.2020 06.08.2020 and 04.09.2020 pertaining to High Tension Consumer Connection vide Service No. 089094210181 and quash the same and consequently direct the respondents to rework the HT Bill with Service no. 089094210181 and the excess amount shall be adjusted towards the future bills by levying the minimum charges alone by the 2nd respondent for the period from March 2020 to August 2020 and not to levy any penalty for the lock down period under which the
petitioners Ceramic tiles making factory situated at Plot No. 74 and 85 Sipcot Electronics complex Phase-II, Hosur, Krishnagiri District 635 109.
WP 11729 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus, calling for the entire records of the 2nd respondent in so far as the High Tension Bill (Provisional) dated 03.04.2020 07.05.2020 02.06.2020 02.07.2020 06.08.2020 and 03.09.2020 pertaining to High Tension Consumer Connection vide Service No.089094210521 and quash the same and consequently direct the respondents to rework the HT Bill with Service no. 089094210521 and the excess amount shall be adjusted towards the future bills by levying the minimum charges alone by the 2nd respondent for the period from March 2020 to August 2020 and not to levy any penalty for the lock down period under which the petitioners net bolt making factory situated at S.No. 832 A Aggondapalli Village Chettipalli Post, kelamangalam Road, Hosur, Krishnagiri District 635 110.
WP 13377 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus, calling for the records of the 4th Respondent culminating in the impugned High Tension Bills (Provisional) bearing Bills (Provisional) bearing Bill No. 90941246052002 dated 11.5.2020 for the month of April 2020 Bill No.
9094121246062001 dated 4.6.2020 for the month of May 2020 issued to the petitioner in violation of Regulation 6 (b) of the TamilNadu Electricity Supply code 2004 quash the same and consequently direct the Respondents 1 to 4 to revise and reissue the said impugned bills by levying Demand Charges at the rate of 20 percentage of the contracted demand or recorded demand whichever is higher in accordance with the said Regulation 6 (b) of the TamilNadu Electricity Supply code 2004 for the lockdown and restricted working periods imposed by the Government and to duly adjust towards the Petitioner's future Bills the huge amounts collected from the Petitioner's future Bills the huge amounts collected from the Petitioner during the said periods towards Demand Charges.
WP 13380 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified
mandamus, calling for the records of the 4th Respondent culminating in the impugned High Tension Bills (Provisional) bearing Bills (Provisional) bearing Bill No. 9094121244042001 dated 4.4.2020 for the month of March 2020 Bill No. 9094121244052004 dated 02.05.2021 for the month of April 2020 Bill No. 9094121244062001 dated 4.6.2020 for the month of May 2020 issued to the petitioner in violation of Regulation 6 (b) of the TamilNadu Electricity Supply code 2004 quash the same and consequently direct the Respondents 1 to 4 to revise and reissue the said impugned bills by levying Demand Charges at the rate of 20 percentage of the contracted demand or recorded demand whichever is higher in accordance with the said Regulation 6 (b) of the Tamil Nadu Electricity Supply Code 2004,for the lockdown and restricted working periods imposed by the Government and to duly adjust towards the Petitioner's future Bills the huge amounts collected from the Petitioner during the said periods towards Demand Charges. WP 13381 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus, calling for the records of the 4th Respondent culminating in the impugned High Tension Bills (Provisional) bearing Bills (Provisional) bearing Bill No. 9094121154042001 dated 4.4.2020 for the month of March 2020 Bill No. 9094121154052001 dated 08.05.2021 for the month of April 2020 Bill No. 9094121154062001 dated 4.6.
2020 for the month of May 2020 issued to the petitioner in violation of Regulation 6 (b) of the TamilNadu Electricity Supply code 2004 quash the same and consequently direct the Respondents 1 to 4 to revise and reissue the said impugned bills by levying Demand Charges at the rate of 20 percentage of the contracted demand or recorded demand whichever is higher in accordance with the said Regulation 6 (b) of the Tamil Nadu Electricity Supply Code, 2004, for the lockdown and restricted working periods imposed by the Government and to duly adjust towards the Petitioner's future Bills the huge amounts collected from the Petitione during the said periods towards Demand Charges.
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus, Calling for records of the 4th Respondent culminating in the impugned High Tension Bills (provisional ) bearing Bills (Provisional) bearing Bill No. 9094121096042001 dated 04.04.2020 for the month of March 2020 Bill No.9094121096052001
dated 07.05.2020 for the month of April 2020 and Bill No. 9094121096062001 dated 04.06.2020 for the month of May 2020 issued to the petitioner in violation of Regulation 6 (b) of the Tamil Nadu Electricity Supply code 2004 quash the same and consequently direct the Respondents 1 to 4 to revise and reissue the said impugned Bills by levying Demand Charges at the rate of 20 percentage of the contracted demand or recorded demand whichever is higher in accordance with the said Regulation 6 (b) of the Tamil Nadu Electricity Supply Code, 2004, for the lockdown and restricted working periods imposed by the Government and to duly adjust towards the Petitioner's future Bills the huge amounts collected from the Petitione during the said periods towards Demand Charges. WP 13441 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus, Calling for records of the 4th Respondent culminating in the impugned High Tension Bills provisional ) bearing Bills (Provisional) bearing Bill No. 9094121071042001 dated 04.04.2020 for the month of March 2020 Bill No.9094121071052001 dated 07.05.2020 for the month of April 2020 and Bill No. 9094121071062001 dated 02.06.
2020 for the month of May 2020 issued to the petitioner in violation of Regulation 6 (b) of the Tamil Nadu Electricity Supply code 2004 quash the same and consequently direct the Respondents 1 to 4 to revise and reissue the said impugned Bills by levying Demand Charges at the rate of 20 percentage of the contracted demand or recorded demand whichever is higher in accordance with the said Regulation 6 (b) of the Tamil Nadu Electricity supply Code 2004, for the lockdown and restricted working periods imposed by the Government and to duly adjust towards the Petitioner's future Bills the huge amounts collected from the Petitioner's future Bills the huge amounts collected from the Petitioner during the said periods towards Demand Charges.
WP 13442 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus, Calling for records of the 4th Respondent culminating in the impugned High Tension Bills (provisional ) bearing Bills (Provisional) bearing Bill No. 9094121171042001 dated 07.04.2020 for the month of March 2020 Bill No.9094121171052001 dated 08.05.2020 for the month of April 2020 and Bill No.9094121171062001 dated 04.06.2020 for the month of May 2020 issued to the petitioner in violation of Regulation 6 (b) of the Tamil Nadu Electricity Supply code 2004 quash the same and consequently direct the Respondents 1 to 4 to revise and re-
issue the said impugned Bills by levying Demand Charges at the rate of 20 percentage of the contracted demand or recorded demand whichever is higher in accordance with the said Regulation 6 (b) of the Tamil Nadu Electricity supply Code 2004, for the lockdown and restricted working periods imposed by the Government and to duly adjust towards the Petitioner's future Bills the huge amounts collected from the Petitioner's future Bills the huge amounts collected from the Petitioner during the said periods towards Demand Charges.
WP 13443 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus, Calling for records of the 4th Respondent culminating in the impugned High Tension Bills (provisional ) bearing Bills (Provisional) bearing Bill No. 9094121195042001 dated 07.04.2020 for the month of March 2020 Bill No.9094121195052001 dated 08.05.2020 for the month of April 2020 and Bill No.9094121195062001 dated 02.06.
2020 for the month of May 2020 issued to the petitioner in violation of Regulation 6 (b) of the Tamil Nadu Electricity Supply code 2004 quash the same and consequently direct the Respondents 1 to 4 to revise and reissue the said impugned Bills by levying Demand Charges at the rate of 20 percentage of the contracted demand or recorded demand whichever is higher in accordance with the said Regulation 6 (b) of the Tamil Nadu Electricity supply Code 2004, for the lockdown and restricted working periods imposed by the Government and to duly adjust towards the Petitioner's future Bills the huge amounts collected from the Petitioner's future Bills the huge amounts collected from the Petitioner during the said periods towards Demand Charges.
WP 12510 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus, Calling for records of the 3rd Respondent herein in Bill No. H4022540052111 dated 05.6.2021 and quash the same and consequently direct the Respondnets herein to issue fresh Bills for the period of lockdown in terms of Regulation 6 (b) of the TN Electricity Supply Code and Further Forbear the Respondents herein from levying and collecting any sums in excess of Minimum Charges with respect to petitioners Service connection Nos. 019094022540.
WP 12513 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus, Calling for records of the 3rd Respondent herein in
Bill No.H4061914052111 dated 5.6.2021 and quash the same and consequently direct the Respondents herein to issue fresh Bills for the period of lockdown in terms of regulation 6 (b) of the TN Electricity Supply Code and Further Forbear the Respondnets herein from levying and collecting any sums in excess of Minimum Charges with respect to petitioners Service Connection No. 019094061914.
WP 12733 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus, To call for the records in High Tension Bill No. H4350360052111 dt. 07- June 2021 for HT Service Connection No. 039094350360 issued by the 2nd respondent and all further penal or interest charges pursuant thereto (Impugned proceedings) and quash the same insofar as it relates to item 8 thereof i.e demand charges and consequentially direct the respondents to issue bills for minimum demand charges at 20 percentage of the sanctioned demand strictly in compliance with regulation 6 (b) of the Tamil Nadu Electricity supply Code 2004, and to refrain from levying or recovering any demand charges in excess of minimum demand charges under regulation 6 (b) of the Tamil Nadu Electricity Supply Code 2004 and to refund any amounts collected or adjusted from the security deposit towards the excess/maximum demand charges for any part of the Covid-19 lockdown period. WP 12934 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus, Calling for records of the 3rd respondent herein in Bill No.H4010843052111 dated 07/06/2021 and quash the same and consequently direct the respondents herein to issue fresh bills for the period of lockdown in terms of Regulation 6 (b) of the TN Electrictiy Supply code and further Forbear the respondents herein from levying and collecting any sums in excess of Minimum charges with respect to petitioners service Connection No.099094010843.
WP 12938 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus,Calling for records of the 3rd respondent herein in Bill No.H4010908052111 dated 05/06/2021 and quash the same and consequently direct the respondents herein to issue fresh bills for the period of lockdown in terms of Regulation 6 (b) of the TN Electrictiy Supply code and further Forbear the respondents
herein from levying and collecting any sums in excess of Minimum charges with respect to petitioners service Connection No.09909401908.
WP 12982 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus, Call for the records in High Tension Bill No. H4022418052111 dated 07-June-2021 for HT Service connection No. 019094022418 issued by the 2nd respondent and all further penal or interest charges pursuant thereto (Impugned Proceedings) and quash the same insofar as it relates to Item 8 thereof i.e demand charges and consequentially direct the respondents to issue bills for minimum demand charges at 20 percentage of the sanctioned demand strictly in compliance with regulation 6 (b) of the Tamil Nadu Electricity Supply Code 2004 and to refrain from levying or recovering any demand charges in excess of minimum demand charges under regulation 6(b) of the Tamil Nadu Electricity Supply Code 2004 and to refund any amounts collected or adjusted from the security deposit towards the excess/maximum demand charges.
WP 12984 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus, Call for the records in High Tension Bill No. H4022245052111 dated 07-June-2021 for HT Service connection No. 019094022245 issued by the 2nd respondent and all further penal or interest charges pursuant thereto (Impugned Proceedings) and quash the same insofar as it relates to Item 8 thereof i.e demand charges and consequentially direct the respondents to issue bills for minimum demand charges at 20 percentage of the sanctioned demand strictly in compliance with regulation 6 (b) of the Tamil Nadu Electricity Supply Code 2004 and to refrain from levying or recovering any demand charges in excess of minimum demand charges under regulation 6(b) of the Tamil Nadu Electricity supplycode 2004 and to refund any amounts collected or adjusted from the security deposit towards the excess/maximum demand charges.
WP 13345 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus, Calling for records of the 4th Respondent culminating in the impugned High Tension Bills (Provisional) bearing Bill No. 9094121032042001 dated 07.04.2020 for the month of March 2020 Bill No. 9094121032052001 dated 11.05.2020 for the month
of April 2020 Bill No. 9094121032062001 dated 08.06.2020 for the month of May 2020 issued to the petitioner in violation of Regulation 6 (b) of the Tamil Nadu Electricity Supply Code 2004 quash the same and consequently direct the Respondents 1 to 4 to revise and re-issue the said impugned Bills by levying Demand Charges at the rate of 20 percent of the contracted demand or recorded demand whichever is higherin accordance with the said Regulation 6 (b) of the Tamil Nadu Electricity Supply Code 2004, for the lockdown and restricted working periods imposed by the government and to duly adjust towards the Petitioner's future Bills the amounts collected from the Petitioner during the said periods towards Demand Charges.
WP 13353 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus. Calling for records of the 4th Respondent culminating in the impugned High Tension Bills (Provisional) bearing Bill No. 9094121212042002 dated 04.04.2020 for the month of March 2020 Bill No. 9094121212052001 dated 07.05.2020 the month of April 2020 Bill No. 9094121212062001 dated 04.06.
2020 for the month of May 2020 issued to the petitioner in violation of Regulation 6 (b) of the Tamil Nadu Electricity Supply Code 2004 quash the same and consequently direct the Respondents 1 to 4 to revise and re-issue the said impugned Bills by levying Demand Charges at the rate of 20 percent of the contracted demand or recorded demand whichever is higher higher in accordance with the said Regulation 6 (b) of the Tamil Nadu Electricity Supply Code 2004, for the lockdown and restricted working periods imposed by the government and to duly adjust towards the Petitioner's future Bills the amounts collected from the Petitioner during the said periods towards Demand Charges.
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus, Calling for records of the 4th Respondent culminating in the impugned High Tension Bills (Provisional) bearing Bill No. 909412145042001 dated 07.04.2020 for the month of March 2020 Bill No. 9094121145052001 dated 07.05.2020 the month of April 2020 Bill No. 9094121145062001 dated 03.06.2020 for the month of May 2020 issued to the petitioner in violation of Regulation 6 (b) of the Tamil Nadu Electricity Supply Code 2004 quash the same and consequently direct the Respondents 1 to 4 to revise and re-issue the said impugned Bills by levying Demand Charges at the rate of 20 percent of the contracted demand or recorded demand whichever is higher higher in accordance with the said Regulation 6 (b) of the Tamil Nadu Electricity Supply
Code 2004, for the lockdown and restricted working periods imposed by the government and to duly adjust towards the Petitioner's future Bills the amounts collected from the Petitioner during the said periods towards Demand Charges. WP 13348 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus, Calling for records of the 4th Respondent culminating in the impugned High Tension Bills (Provisional) bearing Bill No. 9094121065042001 dated 04.04.2020 for the month of March 2020 Bill No. 9094121065052001 dated 07.05.2020 for the month of April 2020 Bill No. 9094121065062001 dated 04.06.2020 for the month of May 2020 issued to the petitioner in violation of Regulation 6 (b) of the Tamil Nadu Electricity Supply Code 2004 quash the same and consequently direct the Respondents 1 to 4 to revise and re-issue the said impugned Bills by levying Demand Charges at the rate of 20 percent of the contracted demand or recorded demand whichever is higher in accordance with the said Regulation 6 (b) of the Tamil Nadu Electricity Supply Code 2004, for the lockdown and restricted working periods imposed by the government and to duly adjust towards the Petitioner's future Bills the amounts collected from the Petitioner during the said periods towards Demand Charges.
WP 13349 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus, Calling for records of the 4th Respondent culminating in the impugned High Tension Bills (Provisional) bearing Bill No. 9094121094042001 dated 07.04.2020 for the month of March 2020 Bill No. 9094121094052001 dated 11.05.2020for the month of April 2020 Bill No. 9094121094062001 dated 08.06.2020 for the month of May 2020 issued to the petitioner in violation of Regulation 6 (b) of the Tamil Nadu Electricity Supply Code 2004 quash the same and consequently direct the Respondents 1 to 4 to revise and re-issue the said impugned Bills by levying Demand Charges at the rate of 20 percent of the contracted demand or recorded demand whichever is higher in accordance with the said Regulation 6 (b) of the Tamil Nadu Electricity Supply Code 2004, for the lockdown and restricted working periods imposed by the government and to duly adjust towards the Petitioner's future Bills the amounts collected from the Petitioner during the said periods towards Demand Charges.
WP 13371 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified
mandamus, Calling for records of the 4th Respondent culminating in the impugned High Tension Bills (Provisional) bearing Bill No. 9094121104042001 dated 07.04.2020 for the month of March 2020 Bill No. 9094121104052002 dated 07.05.2020for the month of April 2020 Bill No. 9094121104062002 dated 04.06.2020 for the month of May 2020 issued to the petitioner in violation of Regulation 6 (b) of the Tamil Nadu Electricity Supply Code 2004 quash the same and consequently direct the Respondents 1 to 4 to revise and re-issue the said impugned Bills by levying Demand Charges at the rate of 20 percent of the contracted demand or recorded demand whichever is higher in accordance with the said Regulation 6 (b) of the Tamil Nadu Electricity Supply Code 2004, for the lockdown and restricted working periods imposed by the government and to duly adjust towards the Petitioner's future Bills the amounts collected from the Petitioner during the said periods towards Demand Charges.
WP 13374 of 2021:
This Writ Petition filed under article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus, Calling for records of the 4th Respondent culminating in the impugned High Tension Bills (Provisional) bearing Bill No. 9094121153042001 dated 08.04.2020 for the month of March 2020 Bill No. 9094121153052001 dated 08.05.2020for the month of April 2020 Bill No. 9094121153062001 dated 04.06.2020 for the month of May 2020 issued to the petitioner in violation of Regulation 6 (b) of the Tamil Nadu Electricity Supply Code 2004 quash the same and consequently direct the Respondents 1 to 4 to revise and re-issue the said impugned Bills by levying Demand Charges at the rate of 20 percent of the contracted demand or recorded demand whichever is higher in accordance with the said Regulation 6 (b) of the Tamil Nadu Electricity Supply Code 2004, for the lockdown and restricted working periods imposed by the government and to duly adjust towards the Petitioner's future Bills the amounts collected from the Petitioner during the said periods towards Demand Charges.
For Petitioner:
W.P.Nos.11715, 11719, 11722, 11725, 11726, 11729 of 2021 : Mr.D.Jagadeesan W.P/Nos.13345, 13348, 13349, 13353, 13354/2021 : Mr.Shehzad for Mr.K.M.Aasim Shehzad
W.P. Nos. 13371, 13374, 13412, 13415, 13440, 13441, 13442, 13443, 13423, 13424, 13426, 13375, 13377, 13380 and 13381 of 2021 : Mr.K.M.Aasim Shehzad for M/s.BFS Legal W.P.Nos.12733, 12982, 12984, of 2021 : Mr.Dwarakesh Prabhakaran W.P.Nos.12934 and 12938, 12510 and 12513 of 2021 : Mr.Bhagavath Krishnan for Mr.Srinath Sridevan W.P.No.13585 of 2021 : Mr.K.P.Sathish Kumar for M/s.Ojas Law Firm W.P.No.9381 of 2021 : Mr.S.P.Parthasarathy For Respondents:
W.P.12733/2021 :
Mr.D. Krishna Pradeep, Standing Counsel for TANGEDCO W.P.13585, 11715, 13375, 13415/2021, 13424, 13426, 13440/2021, 13423, 11719, 11722, 11725, 11726, 11729, 13377, 13380, 13381, 13412, 13441, 13442, 13443, 13345, 13348, 13349, 13353, 13354/2021, 13371, 13374/2021 : Mr.M. Varunkumar Standing Counsel for TANGEDCO W.P. No. 12510, 12513/2021, 12934, 12938/2021 12982, 12984/2021 : Mr.P.R.Dhilip Kumar, Standing Counsel for TANGEDCO W.P. No. 12510, 12513, 12934, 12938/2021 : Mr.A.Selvendran, Government Advocate for the State W.P. No. 9381/2021 : Mr. Vijaya Mehanan Standing Counsel for TANGEDCO
COMMON ORDER The common grievance of the petitioners in these batch of writ petitions relate to challenge of the levy of Demand Charges by the TANGEDCO in violation of the order passed by the Tamil Nadu Electricity Regulatory Commission as also in violation of Regulation 6(b) of the Tamil Nadu Electricity Supply Code, 2004.
2. The issue involved in these writ petitions were already raised in W.P.Nos.7678 of 2020 etc., batch, wherein the learned Judge, after considering the elaborate arguments made by the learned counsels for the parties and also taking into consideration, Regulation 6(b) of the Tamil Nadu Electricity Supply Code, has allowed the said writ petitions, vide common order dated 14.08.2020, with the following directions: "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.
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."
Following the aforesaid order passed by this Court, the respondent Board has issued a Circular in Memo No.CFC/REV/FC/REV/DFC/AO/D.698/20 dated 07.10.2020.
3. Now the respective learned counsel appearing for the petitioners seek similar relief as granted by this Court in W.P.Nos.7678 of 2020 etc., batch dated 14.08.2020. According to the writ petitioners two set of writ petitions are filed viz., one set with regard to demand of CC Bills for the current period and other set, where the petitioners have already paid the CC Bill amount to the respondent Board with protest and seeking refund or adjustment of amount in the future bills.
4. The learned Standing Counsel for the respondents Board would submit that they have preferred a Writ Appeal in W.A.No.836/2020 before this Court and the same is pending without any interim orders.
5.In view of the aforesaid common order passed by this Court in W.P.Nos.7678 of 2020 etc., batch dated 14.08.2020 and the Circular of the Respondents Board dated.7.10.2020, the
respondent Board is directed to consider the individual claim of the petitioners by revising the bills, as per the directions issued by this Court in W.P.Nos.7678 of 2020 etc., batch dated 14.08.2020, by taking note of the lockdown notification issued by the State Government from time to time and to take appropriate decision and to communicate the same to the writ petitioners individually, within a period of six weeks from the date of receipt of a copy of this order. It is also made clear that any decision taken by the respondents Board, will be subject to the outcome of the orders passed in W.A.No.836/2020 filed by the respondent Board.
6. With the above direction, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
-s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To
1. THE CHAIRMAN AND MANAGING DIRECTOR TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD (TANGEDCO) 144 ANNA SALAI CHENNAI-600 002
2. THE CHIEF FINANCIAL CONTROLLER/ REVENUE TAMILNADU GENERATION AND DISTRIBUTION CORPORATION LIMITED (TANGEDCO) 144 ANNA SALAI CHENNAI-600 002
3. THE ACCOUNTS OFFICER /REVENUE O/O.THE SUPERINTENDING ENGINEER C.E.D.C.
/SOUTH II 110 KV SS COMPLEX K.K.NAGAR CHENNAI-78
4. THE SECRETARY TAMILNADU ELECTRICITY REGULATORY COMMISSION(TNERC) TIDCO OFFICE BUILDING NO.19-A RUKMANI LAKSHMIPATHI SALAI MARSHALLS ROAD EGMORE CHENNAI-600 008
5. THE ACCOUNTS OFFICER(REVENUE) TANGEDCO SIPCOT INDUSTRIAL COMPLEX PHASE II, HOSUR KRISHNAGIRI TALUK.
6.
THE ACCOUNTS OFFICER(REVENUE) TANGEDCO ACHETTIPALLI, HOSUR KRISHNAGIRI DISTRICT-635 109
7. THE ACCOUNTS OFFICER / REVENUE OFFICE OF THE SUPERINTENDING ENGINEER VELLORE ELECTRICITY DISTRIBUTION CIRCLE/ TANGEDCO KAMARAJAR BUILDING NO.15 10TH EAST MAIN ROAD GANDHI NAGAR VELLORE 632 006 8.
THE SUPERINTENDING ENGINEER TANGEDCO PALLADAM ELECTRICITY DISTRIBUTION CIRCLE PALLADAM 9.
THE ACCOUNTS OFFICER(REVENUE) TANGEDCO SIPCOT INDUSTRIAL COMPLEX PHASE II HOSUR KRISHNAGIRI DISTRICT TALUK 10.
THE SUPERINTENDING ENGINEER COIMBATORE ELECTRICITY DISTRIBUTION CIRCLE METRO TANGEDCO COIMBATORE 641 012.
11.
THE SECRETARY THE GOVERNMENT OF TAMIL NADU ENERGY DEPARTMENT FORT ST GEORGE CHENNAI 12.
THE FINANCIAL CONTOLLER CEDC CENTRAL TANGEDCO VALLUVARKOTTAM SS CAMPUS NUNGAMBAKKAM CHENNAI 600 034.
13.
THE ACCOUNTS OFFICER REVENUE CEDC WEST TANGEDCO TIRUMANGALAM CHENNAI 625 706.
14. THE DEPUTY FINANCE CONTROLLER OFFICE OF THE SUPERINTENDING ENGINEER K.K. NAGAR CHENNAI
15. THE ACCOUNTS OFFICER/REVENUE OFFICE OF THE SUPERINTENDING ENGINEER ANNA SALAI CHENNAI
16. THE SUPERINTENDING ENGINEER TANGEDCO MGR SALAI 110/33/11KV VALLUVAR KOTTAM SS COMPLEX NUNGAMBAKKAM CHENNAI 600 034.
17. THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER VELLORE ELECTRICITY DISTRIBUTION CIRCLE/ TANGEDCO KAMARAJAR BUILDING 15 EAST MAIN ROAD, GANDHI NAGAR VELLORE 632 006.
18.
THE ACCOUNTS OFFICER(REVENUE) TANGEDCO DENKANIKOTTAI TALUK HOSUR KRISHNAGIRI DISTRICT W.P.Nos. 13585, 11715, 13375, 13415, 13424, 13426, 13440, 9381, 13423, 11719, 11722, 11725, 11726, 11729, 13377, 13380, 13381, 13412, 13441, 13442, 13443, 12510, 12513, 12733, 12934, 12938, 12982, 12984, 13345, 13353, 13354, 13348, 13349, 13371 and 13374 of 2021 JP(CO) SP(12/08/2021)