M/S.L.G. Balakrishnan & v. Tamil Nadu Generation
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)Nos.1, 2 and 3 of 2015 M/s.L.G. Balakrishnan & Bros Ltd., HTSC No.132, Rep. by its General Manager Cum Company, Secretary - M.Lakshmi Kanth Joshi, D.Gudalur, Vedasandur Taluk, Dindigul District.
... Petitioner Vs.
1.Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO), Rep. by its Chairman and Managing Director, 144, Anna Salai, Chennai - 2.
2.The Superintending Engineer, Dindigul Electricity Distribution Circle, Dindigul.
3.The Accounts Officer / Revenue, Dindigul Electricity Distribution Circle, Dindigul.
4.Central Electricity Authority (CEA), Rep. by its Chairperson, 1/6
6th Floor, Sewa Bhawan, R.K. Puram, New Delhi - 110 066.
5.Tamil Nadu Electricity Regulatory Commission (TNERC), Rep. by its Secretary, 19-A, Rukmani Lakshmipathy Salai (Marshall's Road), Egmore, Chennai - 8 .
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records on the file of the 2nd Respondent in its Impugned Lr.No.SE/DGL/DFC/AO/AAO/HT/F.Har/D.No.251/15 dated 09.07.2015 insofar as it relates to the levy of Harmonic compensation charges alone in Serial No.14 (Add/Less Adjustment charges), quash the same and forbear the 1st to 3rd Respondents, their men, officers, agents, servants, representatives and / or any one claiming through or under them and /or any other person from in any manner insisting on harmonic control and levying, demanding and/or collecting charges and compensation for harmonics dumping from the Petitioner for their HT SC No.132 either through the CC Bills or in any other manner who was connected with 22KV supply line.
For Petitioner : Ms.R.Hemalatha For Respondents : Mr.S.Deenadhayalan, Standing Counsel.
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ORDER
Heard the learned counsel on either side.
2.The learned counsel appearing for the petitioner submitted that the issue involved in this writ petition is covered by a decision made in a batch of writ petition in W.P.Nos.25 of 2015 dated 05.06.2017. The relevant portion of the said order is extracted hereunder: "In view of Regulation 4(1)(iv) of the Tamil Nadu Electricity Supply Code, although the State has got power to direct the consumers to install harmonic filters irrespective of their voltage connection as stated by learned Additional Advocate General for the TANGEDCO, the same cannot be sustained in view of non-specification of any standard of harmonics for 11 kv/22kv/supply line consumers by the CEA, who, being an Apex Body as per Section 73(d) of the Act, has exclusive powers to specify the Grid Standards for operation and maintenance of transmission lines.
Thus, for all the reasons stated above, the impugned demands are quashed. Consequently, the writ petitions are allowed. No costs."
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3.It was also brought to the notice of this Court by the learned counsel for the petitioner that the order passed by this Court has been followed by the Tamilnadu Electricity Regulatory Commission for determination of Tariff for Generation and Distribution in its order in TP No.1 of 2017 dated 11.08.2017, wherein, it has been incorporated as under:
"6.1.1.2 Harmonics:
a..... (b)It shall not be applicable for all HT consumers connected at 11 kv and 22 kv until the CEA prescribes any standard of harmonics for 11 kv/22kv supply line consumers and makes them also obligatory for harmonic controls." 4.In view of the above said order dated 05.06.2017, this writ petition is allowed and the impugned demand notice is quashed. No costs. Consequently, the connected miscellaneous petitions are closed. 19.09.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 4/6
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G.R.SWAMINATHAN, J.
ias 19.09.2023 6/6