M/S.Backiya Industries v. Tamil Nadu Generation And
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.78 of 2017 and W.M.P.(MD)No.54 of 2017 M/s.Backiya Industries, HT SC No.214, Rep. By its Managing Partner S.Krishnaswamy, 75/2B, 2A-2B, NH7 Main Road, Nagari Village, Madurai Village - 625 221.
... Petitioner Vs.
1. Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Rep. By its Chairman and Managing Director, 144, Anna Salai, Chennai - 600 002.
2. The Superintending Engineer, Madurai Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), K.Pudur, Madurai - 7.
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 Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent's impugned proceedings bearing Lr.No.SE / MEDC / MDU / DFC / HT / AS / F.Hormo. / D.No.338/2016 dated 12.12.2016 issued for the petitioner's HT SC No.214 demanding harmonics compensation charges, quash the same and forbear respondents 1 and 2, 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 compensation 1/3
charges for harmonics dumping from the petitioner for their HT SC No.214 either through the CC Bills or in any other manner. For Petitioner : Mr.V.Veerapandian, for M/s.Vastlaw Associates.
For Respondents : Mr.S.Deenadhayalan, Standing Counsel.
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O R D E R
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 petition is closed.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) PMU To:
1.The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), 144, Anna Salai, Chennai - 600 002.
2. The Superintending Engineer, Madurai Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), K.Pudur, Madurai - 7.
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3.The Chairperson, Central Electricity Authority (CEA), 6th Floor Sewa Bhawan, R.K.Puram, New Delhi - 110 066.
4.The Secretary, Tamil Nadu Electricity Regulatory Commission (TNERC), 19-A, Rukmini Lakshmipathy Salai(Marshall's Road), Egmore, Chennai - 600 008.
+1 CC to M/s.S.DEENADHAYALAN, Advocate ( SR-24957[F] dated 10/06/2022 ) 09.06.2022 IM(CO) GC(21.06.2022) 3P 6C 3/3