M/S.A.D. Textiles v. Tamil Nadu Generation And
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2024
CORAM
THE HON'BLE MR.JUSTICE K.KUMARESH BABU and W.M.P(MD)Nos.12001 & 12002 of 2016 M/s.A.D.Textile, Represented by its Partner, D.Senthilkumar ... Petitioner Vs.
1.The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Represented by its Chairman & Managing Director, No.144, Anna Salai, Chennai-2.
2.The Superintending Engineer, Karur Electricity Distribution Circle, Karur.
3.The Central Electricity Authority (CEA), Represented by its Chairperson, 6th Floor, Sewa Bhavan, R.K.Puram, New Delhi.
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4.Tamil Nadu Electricity Regulatory Commissioner (TNERC), Represented by its Secretary, No.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 relating to the impugned order passed by the second respondent in his proceedings Lr.No.SE/KEDC/KRR/DFC/AS/HT/F.59/D.331/2016, dated 03.08.2016 and quash the same and consequently forbear the respondents 1 and 2, their men, agents, representatives and / or anyone claiming through or under them from in any manner insisting on harmonic control and levying, demanding or collecting any charges or compensation for harmonics dumping from the petitioner firm in respect of their service connection number HT SC 59/Karur and pass such other further or other orders as this Court.
For Petitioner : Mr.K.Suresh For Respondents : Mr.S.Deenadhayalan Standing Counsel 2/6
ORDER
The present writ petition has been filed to quash the order, dated 03.08.2016 passed by the second respondent and consequently forbear the respondents 1 and 2, their men, agents, representatives and / or anyone claiming through or under them from in any manner insisting on harmonic control and levying, demanding or collecting any charges or compensation for harmonics dumping from the petitioner firm in respect of their service connection number HT SC 59/Karur.
2. The learned Standing Counsel appearing for the Department would submit that the Central Electricity Authority [Technical Standards for Connectivity to the Grid] Regulations, 2007 would indicate that the harmonic distortion would only be installed with subscribers having more than 33 KV and above connections and the same would not be applicable to the petitioner as the petitioner had availed only 11 KV connection.
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3. Recording the said submission, the impugned order, dated 03.08.2016 passed by the second respondent is set aside. Even though the learned Counsel for the petitioner seeks for refund of amount, considering the fact that he has a regular consumer, the said amount shall be adjusted in the future bills of the petitioner. The learned Counsel for the petitioner would submit that incase the petitioner had alienated or converted the same to a private Company, such refund shall be adjusted to the connection available in the name of the petitioner. Acceded to his request, the respondent is also directed to adjust the amount paid by the petitioner towards demand made by them in the future bills of the connection standing in the name of the petitioner.
4. The writ petition stands disposed of with the above directions. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed.
07.11.2024 NCC :
Yes / No Index :
Yes / No Internet :
Yes BTR 4/6
To 1.The Chairman & Managing Director, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), No.144, Anna Salai, Chennai-2.
2.The Superintending Engineer, Karur Electricity Distribution Circle, Karur.
3.The Chairperson, Central Electricity Authority (CEA), 6th Floor, Sewa Bhavan, R.K.Puram, New Delhi.
4.The Secretary, Tamil Nadu Electricity Regulatory Commissioner (TNERC), No.19-A, Rukmani Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai-8.
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K.KUMARESH BABU, J.
BTR Order made in 07.11.2024 6/6