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Madras High CourtWP/15759/2021disposed of

Appu Hotels Limited v. Tamil Nadu Generation And Distribution Corporation Ltd(Tangedco)

2021-07-30Honourable Mr Justice D. Krishnakumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.07.2021

CORAM

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.No. 15759 of 2021 and W.M.P.No.16665 & 16667 of 2021 Appu Hotels Limited, Rep. by its Authorized Signatory, A.Paul Dhas, Having office at No.1, GST Road, St.Thomas Mount, Chennai -600016 ..Petitioner Vs

1. Tamil Nadu Generation & Distribution Corporation Limited (TANGEDCO), Rep. by its Chairman and Managing Director, No.144, Anna Salai, Chennai 600 002.

2. The Superintending Engineer (A/C), Corporation Limited (TANGEDCO), Chennai Electricity Distribution Circle (South), 110, K.v.S.S. Complex, K.K. Nagar, Chennai-600078

3. The Deputy Financial Controller (E &OE) Corporation Limited (TANGEDCO), ChennaiElectricity Distribution Circle (South), 110, K.v.S.S. Complex, K.K. Nagar, Chennai-600078 ..Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India for writ of Certiorarified Mandamus calling for the records leading to the issuance of the original impugned High Tension BIlls(Provisional) issued by the third respondent for the month of April 2021 dated 07/05/2021 May 2021 dated 07/06/2021 and June 2021 dated 09/07/2021 pertaining to Service No. 099094000425 in violation Regulation 6 (b) of the Tamil Nadu Electricity Supply Code 2004 and quash the same and direct the

respondents to rework the HT Bill with service number 099094000425 and the excess amount shall be adjusted towards the pending / future bills and the minimum charges alone shall be collected by the third respondent for the period from April 2021 to June 2021 and not to levy any penalty for the period of Lock Down.

For Petitioner : Mr.Vijayan Subramanian For Respondents : Mr.Jai Venkatesh, TNEB

O R D E R

The grievance of the peritioner in the present writ petition relates to challenge of the levy of demand charges by the TANGEDCO in volation of the order pased 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 the writ petition was 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, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ak To

1. The Chairman and Managing Director, Corporation Limited (TANGEDCO), No.144, Anna Salai, Chennai 600 002.

2. The Superintending Engineer (A/C), Corporation Limited (TANGEDCO), Chennai Electricity Distribution Circle (South), 110, K.v.S.S. Complex, K.K. Nagar, Chennai-600078

3. The Deputy Financial Controller (E &OE) Corporation Limited (TANGEDCO), ChennaiElectricity Distribution Circle (South), 110, K.v.S.S. Complex, K.K. Nagar, Chennai-600078.

+1cc to Mr.L.Jaivenkatesh, Advocate, S.R.No.37071/21 W.P.No.15759 OF 2021 and W.M.P.No.16665 & 16667 of 2021 NK(CO) RGA(26/08/2021)