M/S. Sri Tamilnadu Metal 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.16823 of 2015 and MP(MD)No.1 of 2015 M/s.Sri Tamil Nadu Metal Industries, Rep.by its Proprietor, P.Saravanakumar, S.F.No.214/1, Pudukottai Road, Mathur, Kulathur Taluk, Pudukottai 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, Pudukottai Electricity Distribution Circle, TANGEDCO (formerly TNEB), Pudukottai.
3.Central Electricity Authority (CEA), Rep.by its Chairperson, 6th Floor, Sewa Bhawan, R.K.Puram, New Delhi - 110 066.
4.Tamil Nadu Electricity Regulatory Commission (TNERC), Rep.by its Secretary, 19-A, Rukmini Lakshmipathy Salai (Marshall's Road), Egmore, Chennai - 600 008.
... Respondents 1/4
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 culmination in the order bearing Lr.No.SE/PEDC/PDKT/AEE/GL/F.Harmonics/D.No.201/14, Dt:31.03.2015 issued for the petitioner's HTSC NO.10, and quash the same and forbear the 1st and 2nd Respondents, their men, officers, agents, servants, representatives and /or any one claiming through or under them and/or collecting harmonic compensation charges for harmonics dumping from the petitioner for their HTSC No.10 either through the monthly High Tension Bills or in any other manner, till such time that the Central Electricity Regulatory Commission (CERC) clarifies the issue in Miscellaneous Application 126 of 2014 pending before it.
For petitioner : Mr.N.Mohideen Bash For Respondents : Mr.S.Deenadhayalan
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. 2/4
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 petition is closed. 26.09.2023 Index : Yes / No Internet : Yes/ No skm 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, Pudukottai Electricity Distribution Circle, TANGEDCO (formerly TNEB), Pudukottai.
3.Central Electricity Authority (CEA), Rep.by its Chairperson, 6th Floor, Sewa Bhawan, R.K.Puram, New Delhi - 110 066.
4.Tamil Nadu Electricity Regulatory Commission (TNERC), Rep.by its Secretary, 19-A, Rukmini Lakshmipathy Salai (Marshall's Road), Egmore, Chennai - 600 008.
3/4
G.R.SWAMINATHAN, J.
skm W.P(MD)No.16823 of 2015 and MP(MD)No.1 of 2015 26.09.2023 4/4