M/S.Ashok Leyland Limited v. The Tamilnadu Generation And Distribution
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 20.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.14863, 14867 of 2021 and WMP No.15739, 15743 of 2021 M/s Ashok Leyland Limited, HTSC No.019094041283, Registered office No.1, Sardar Patel Road, Guindy, Chennai 600 032.
rep. by its authorized signatory Mrs.D.Santhi ... Petitioner in W.P.No.14863/2021 M/s Ashok Leyland Limited, HTSC No.019094041015 Registered office No.1, Sardar Patel Road, Guindy, Chennai 600 032.
rep. by its authorized signatory Mrs.D.Santhi ... Petitioner in W.P.No.14867/2021 Vs.
1. Tamil Nadu Generation & Distribution Rep. by its Chairman and Managing Director, No.144, Anna Salai, Chennai 600 002.
2. The Chief Financial Controller-revenue, (TANGEDCO), 7th floor, No.144, Anna Salai, Chennai 600 002.
3. The Superintending Engineer, Tamil Nadu Generation and Distribution Chennai electricity Distribution Circle/North Chennai.
.... Respondents in both writ petitions Prayer in both writ petitions: Writ petition filed under Section 226 of the Constitution of India to issue a writ of Mandamus directing the respondents to extend the benefit of the order of this court dated 14.08.2020 passed in W.P.No.7678 of 2020, in a similar batch matter and to apply the order of this court, as per Article 14 of the Constitution of India to the petitioner also and consequently direct the third respondent to cause to issue the fresh CC bills for the months of April 2020- September 2020 falling inthe lockdown period and also to further direct the respondents to refund
excessively collected demand charges from the petitioner. In both the writ petitions For petitioner : Mr.S.P.Parthasarathy For respondents : Mr.Jai Venkatesh, TNEB for R1 to R3.
COMMON ORDER Both This writ petitions have been filed writ of Mandamus directing the respondents to extend the benefit of the order of this court dated 14.08.2020 passed in W.P.No.7678 of 2020, in a similar batch matter and to apply the order of this court, as per Article 14 of the Constitution of India to the petitioner also and consequently direct the third respondent to cause to issue the fresh CC bills for the months of April 2020- September 2020 falling in the lockdown period and also to further direct the respondents to refund excessively collected demand charges from the petitioner.
2. The petitioner, has got two High Tension Service connections in HTSC No.019094041283 and HTSC No.019094041015 and the respondent Board had issued CC bills for the months April 2020 to September 2020 for the above said two HTSC. According to the petitioner, the levy of Demand charge by the TANGEDCO is 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. Hence, both the writ petitions have been filed seeking the relief as sought for in the writ petitions.
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."
Following the aforesaid order passed by ths court, the repondent Board has issued a Circular in Memo No.CFC/REV/FC/REV/DFC/AO/D.698/20 dated 07.10.2020. 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 amounts for the CC bills for the month of April 2020 with protest and hence, he prayed to refund or adjustment of 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, and the circular of the respondents Board dated 07.10.2020, the respondents 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.
7. With the above direction, the writ petitions in W.P.No.14863 of 2021 and W.P.No.14867 are disposed of. No costs. Consequently, connected writ miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mst To
1. Tamil Nadu Generation & Distribution Rep. by its Chairman and Managing Director, No.144, Anna Salai, Chennai 600 002.
2. The Chief Financial Controller-revenue, (TANGEDCO), 7th floor, No.144, Anna Salai, Chennai 600 002.
3. The Superintending Engineer, Tamil Nadu Generation and Distribution Chennai electricity Distribution Circle/North Chennai.
+2CCs to Mr.C.Jai Venkatesh, Advocate SR.No.34687 +2CCs to Mr.S.Pandiaraj, Advocate SR.No.34506 W.P.No.14863, 14867 of 2021 and WMP No.15739, 15743 of 2021 SR (CO) A.SK(31.08.2021)