M/S. L.G.Balakrishnan & Bros v. Tamil Nadu Generation And

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.15708 of 2015 and MP(MD)Nos.1 to 3 of 2015 M/s.L.G.Balakrishnan & Bros Limited, Engineering Division, HTSC No.20, Rep.by its General Manager cum Company Secretary - M.Lakshmi Kanth Joshi, Mochakkottampalayam, Vishvanathapur Post, Karur - 639 002, Karur District.

... Petitioner Vs.

1.Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Rep.by its Chairman and Managing Director, 144, Anna Salai, Chennai - 600002.

2.The Superintending Engineer, Karur Electricity Distribution Circle, Karur.

3.The Accounts Officer / Revenue, Dindigul Electricity Distribution Circle, Dindigul.

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4.Central Electricity Authority (CEA), Rep.by its Chairperson, 6th Floor, Sewa Bhawan, R.K.Puram, New Delhi - 110 066.

5.Tamil Nadu Electricity Regulatory Commission (TNERC), Rep.by its Secretary, 19-A, Rukmini Lakshmipathy Salai (Marshall's Road), Egmore, Chennai - 600 008.

... 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/KEDC/KRR/DFC/AS/HT/F.Harmo/D.334/2015 dt.11/17.08.2015 insofar as it relates to the levy of Harmonic compensation charge alone in Serial No. 14 (Add/Less Adjustment charge), 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.20 either through the CC Bills or in any other manner who was connected with 22 KV supply line. For petitioner : Mr.S.Rajasekar For Respondents : Mr.S.Deenadhayalan 2/5

ORDER

Heard the learned counsel appearing for the petitioner and the learned Standing counsel appearing for the respondent TANGEDCO. 2.The relief sought for in the present writ petition is similar to the relief sought for by the writ petitioners in a batch of writ petitions in W.P.No.25 of 2015 (M/s.S.Palaniyandi Mudaliar Memorial Hospital V. TANGEDCO), etc. and batch, which was decided by this Court on 05.06.2017. 3.In view of the fact that the case of the petitioner is also similar to that of the cases cited supra, he is also entitled to the same relief. Accordingly, the impugned demand notice is quashed and the writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed. 26.09.2023 Index : Yes / No Internet : Yes/ No skm 3/5

To 1.Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Rep.by its Chairman and Managing Director, 144, Anna Salai, Chennai - 600002. 2.The Superintending Engineer, Karur Electricity Distribution Circle, Karur. 3.The Accounts Officer / Revenue, Dindigul Electricity Distribution Circle, Dindigul. 4.Central Electricity Authority (CEA), Rep.by its Chairperson, 6th Floor, Sewa Bhawan, R.K.Puram, New Delhi - 110 066.

5.Tamil Nadu Electricity Regulatory Commission (TNERC), Rep.by its Secretary, 19-A, Rukmini Lakshmipathy Salai (Marshall's Road), Egmore, Chennai - 600 008.

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G.R.SWAMINATHAN, J.

skm W.P(MD)No.15708 of 2015 and MP(MD)Nos.1 to 3 of 2015 26.09.2023 5/5