Madras High CourtWP/14719/2020allowed

The Southern Railway v. The Chairman Cum Managing Director

2020-10-14Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.10.2020

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH The Southern Railway, Represented through The Chief Electrical Distribution Engineer, Office of the Principal Chief Electrical Engineer, Southern Railway, 7th Floor, NGO Annex, Park Town, Chennai - 600 003.

Petitioner

Versus

1.The Chairman cum Managing Director, Tamil Nadu Generation & Distribution Corporation Limited (TANGEDCO), No.144, Anna Salai, Chennai - 600 002.

2.The Chief Financial Controller-Revenue, Tamil Nadu Generation & Distribution Corporation Limited (TANGEDCO), NPKRR Maligai, 144, Anna Salai, Chennai - 600 002.

3.The Superintending Engineer, CEDC/South II/Chennai, TANGEDCO, 110 KV Complex, K.K.Nagar, Chennai - 600 078.

4.The Superintending Engineer, Chennai EDC/Central, TANGEDCO, MGR Salai, Valluvarkottam SS Complex, Nungambakkam, Chennai - 600 034.

5.The Superintending Engineer, Chennai EDC/North, TANGEDCO, 802, Anna Salai, Chennai - 600 002.

6.The Superintending Engineer, Chennai EDC/West, TANGEDCO, 33KV Thirumangalam SS Complex, Anna Nagar, Chennai - 600 040.

7.The Superintending Engineer, Chengulpet EDC, TANGEDCO, 49, Alagesan Nagar, Chengalpet - 603 001.

8.The Superintending Engineer, Vellore EDC, TANGEDCO, Gandhi Nagar, Vellore - 632 006.

9.The Superintending Engineer, Thirupathur EDC, TANGEDCO, Thirupathur - 635 601.

10.The Government of Tamil Nadu, Represented by its Secretary to Government, Energy Department, Fort St George, Chennai - 600 009.

Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus directing the

respondents to consider the representations of the petitioner herein through the Divisional Railway Manager / Traction Distribution, Chennai dated 17.08.2020 to the respondents 3 to 9 herein and pass orders to the effect billing Nine Tracton Sub-stations (TSS) [1.Chintadripet TSS, HT.SC.No.2346 ; 2. Tambaram TSS, HT.SC.No.70; 3.Acharapakkam TSS, HT.SC.No.18; 4.Ennore TSS, HT.SC.No.1309; 5.Avadi TSS, HT.SC.No.1320; 6.Arakkonam TSS, HT.SC.No.1183; 7.Thiruvalam TSS, HT.SC.No.1089; 8.Valathoor TSS, HT.SC.No.43; 9.Tirupathur TSS, HT.SC.No.41] located in Chennai Division as per the aforesaid regulation at twenty percent of the billable demand or recorded demand whichever is higher besides charges for the actual consumption of electricity and not to levy low power factor compensation surcharge during the nationwide/State restricted lock down period and the excess MD charges, excess Low Power Factor charges already paid during the lock down/restricted period also be adjusted in the future bill.

For Petitioner :

Mr. G.Karthikeyan For Respondents :

Mr. P.Gunaraj Standing Counsel for R1 to R4 and R6 to R9 Mr.P.R.Dilip Kumar Standing Counsel for R5

ORDER

The issue that has been raised in this present writ petition is covered by the orders passed by this Court in a batch of writ petitions in WP. Nos.7678, 7679, 9141, 9312, 9537, 9538, 9550, 10012, 10042, 10044, 10031, 9825, 9831, 10087, 10091, 10110, 10164, 8852 and 9689 of 2020

dated 14.08.2020. Consequently, the directions issued by this Court in the batch of writ petitions be equally applied to the present writ petition also. 2.Accordingly, this writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. 14.10.2020 Internet : Yes lpp To 1.The Chairman cum Managing Director, Tamil Nadu Generation & Distribution Corporation Limited (TANGEDCO), No.144, Anna Salai, Chennai - 600 002.