M/S.Aruna Theatres And Enterprises Pvt. Limited v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 15.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.13421 of 2021 and WMP No.14283 and 14284 of 2021 M/s Aruna Theatres and Enterprises Pvt. Ltd., rep. by is Director Mr.K.Shanmugasundaram, No.3, Pillar Road, Ashok Nagar, Chennai 600 083.
... Petitioner Vs.
1. The Chairman, Tamil Nadu Electricity Board, No.800, Anna Salai, Chennai 600 002.
2. Tamil Nadu Generation & Distribution Corporation Limited (TANGEDCO), Rep. by its Chairman and MD, No.144, Anna Salai, Chennai 600 002.
3. The Deputy Financial Controller/Revenue, Tamil Nadu Generation & Distribution Corporation Limited (TANGEDC), No.144, Anna Salai, Chennai 600 002.
4. The Accounts Officer/ Revenue C/o The Superintending Engineer, Chennai South-2, Chennai 600 078.
5. Tamil Nadu Electricity Regulatory Commission, Rep. by its Secretary, TIDCO Office Building, No.19-A, Rukmani Lakshmipathy Salai, Egmore, Chennai 600 008.
.... Respondents Prayer: Writ petition filed under Section 226 of the Constitution of India to issue a writ of Certiorarified Mandamus to call for entire records pertaining to the issuance of Bill NoH4000215052111 dated 07.06.2021 pertaining to electricity connection H.T.Service No.099094000215, Tariff H.T.III, 350 KVA provided to the petitioner, M/s Aruna Theatres & Enterprises Pvt. Ltd. at No.3, Pillar Road, Ashok Nagar, Chennai 600 083
issued by the third respondent herein and quash the same as it violates Regulation 6 of Tamil nadu Electricity Supply Code 2014 consequently direct the respondent to consider the representations dated 18.06.2021 given by the petitioner within a stipulated time in a manner known to law and in accordance with law.
For petitioner : Mr.C.Umashankar For respondents : Mr.Jai Venkatesh, TNEB for R1 to R5.
ORDER
This writ petition has been filed to issue a writ of Certiorarified Mandamus to call for entire records pertaining to the issuance of Bill NoH4000215052111 dated 07.06.2021 pertaining to electricity connection H.T.Service No.099094000215, Tariff H.T.III, 350 KVA provided to the petitioner, M/s Aruna Theatres & Enterprises Pvt. Ltd. at No.3, Pillar Road, Ashok Nagar, Chennai 600 083 issued by the third respondent herein and quash the same as it violates Regulation 6 of Tamil nadu Electricity Supply Code 2014 consequently direct the respondent to consider the representations dated 18.06.2021 given by the petitioner within a stipulated time in a manner known to law and in accordance with law.
2. The petitioner, who aggrieved over the levy of Demand Charge, by the TANGEDCO, in violation of the order passed by the Tamil Nadu Electricity Regulatory Commission and also in violation of Regulation 6(b) of the Tamil Nadu Electricity Supply Code, 2004, has sought the above said relief in this writ petition.
3. The issues involved in this writ petition is 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. 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."
4. The learned counsel appearing for the petitioner seek similar relief as granted by this Court in W.P.Nos.7678 of 2020 etc., batch dated 14.08.2020. He would further submitted that the petitioner has already paid the Demand charges for the month of March 2021 and April 2021 and now the impugned demand bill is for the month of May 2021. Therefore, he prayed to quash the impugned Demand Bill and also to direct the respondents to refund or adjustment of paid amounts in the future bills, as per the provisions of law.
5. 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.
6. In view of the aforesaid common order passed by this Court in W.P.Nos.7678 of 2020 etc., batch dated 14.08.2020, this court has no hesitation to quash the impugned bills issued by the third respondent dated 07.06.2021.
7. Accordingly, the impugned bill issued by the third respondent dated 07.06.2021 is quashed and the respondent Board is directed to consider the claim of the petitioner 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 petitioner, 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.
8. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
mst To
1. The Chairman, Tamil Nadu Electricity Board, No.800, Anna Salai, Chennai 600 002.
2. Tamil Nadu Generation & Distribution Corporation Limited (TANGEDCO), Rep. by its Chairman and MD, No.144, Anna Salai, Chennai 600 002.
3. The Chief Financial Controller/Revenue, Tamil Nadu GEneration & Distribution Corporation Limited (TANGEDC), No.144, Anna Salai, Chennai 600 002.
4. The Accounts Officer/ Revenue C/o The Superintending Engineer, Chennai South-2, Chennai 600 078.
5. Tamil Nadu Electricity Regulatory Commission, Rep. by its Secretary, TIDCO Office Building, No.19-A, Rukmani Lakshmipathy Salai, Egmore, Chennai 600 008.
+1cc to Mr.L.Jai Venkatesh, Advocate, S.R.No.33780 +1cc to Mr.C.Umashankar, Advocate, S.R.No.33437 W.P.No.13421 of 2021 and WMP No.14283, 14284 of 2021 KV(CO) SB(09/08/2021)