Trichy Cold Storage)P) Ltd v. Tamil Generation And
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.18705, 18708, 18711, 18713, 20465 & 20466 of 2019 W.P(MD)No.23845 of 2019:
Trichy Cold Storage (P) Limited, Managing Director, S1/3, SIDCO Industrial Estate, Thuvakudi, Trichy - 15.
... Petitioner Vs 1.Tamil Nadu Generation and Chairman, 2.The Chief Internal Audit Officer / BOAB Audit, 1/8
3.The Chief Financial Controller / Regulatory Cell, 4.The Assistant Engineer, Operation and Maintenance, TANGEDCO, West / Thuvakudi, Trichy.
5.Tamil Nadu Electricity Regulatory Commission, Secretary, RuckmaniLakshmipathi Road, Egmore, Chennai - 600 008.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records comprised in the internal Communication in U.O.No.CFC/Reg.Cell/FC/SE/RC/F. Tariff Clarification/D.No.17/19 dated 19.01.2019 issued by the third respondent and the consequential demand notice issued by the fourth respondent in Ka.No.U.So.Po.(Sa)/E and Ko/West/Thu.Kudi/A.No.33/2019 dated 10.06.2019 and quash the same as wholly without jurisdiction, illegal, arbitrary and consequently direct the first to fourth respondents to continue to treat the petitioner's LT Sc.No. 236-003-1070 as falling under LT Tariff III-B. 2/8
For Petitioner : Mr.Raguvaran Gopalan for Mr.Parthasarathy For Respondents : Mr.S.Deenadhayalan Standing Counsel W.P(MD)No.21945 of 2019:
Association of Cold Storages A Registered Society (Registration No.41/2013), Secretary, No.76/4-A2, Madurai - Dindigul NH, Thiruvalavaya Nallur Post, Nagari, Madurai - 625 221.
... Petitioner Vs 1.Tamil Nadu Generation and Chairman, 2.The Chief Internal Audit Officer / BOAB Audit, 3.The Chief Financial Controller / Regulatory Cell, 3/8
Accounts Branch, 800, Anna Salai, 4.Tamil Nadu Electricity Regulatory Commission, Secretary, RuckmaniLakshmipathi Road, Egmore, Chennai - 600 008.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records comprised in the internal Communication in U.O.No.CFC/Reg.Cell/FC/SE/RC/F. Tariff Clarification/D.No.17/19 dated 19.01.2019 issued by the third respondent and quash the same as wholly without jurisdiction, illegal, arbitrary and consequently direct the first respondent to third respondents to continue to treat the LT service connection in respect of the LT service cold storage facilities of the petitioner's members as falling under LT Tariff - IIIB.
For Petitioner : Mr.Raguvaran Gopalan for Mr.Parthasarathy For Respondents : Mr.S.Deenadhayalan Standing Counsel COMMON
ORDER
Heard the learned counsel on either side.
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2. The petitioners question the order passed by the Chief Financial Controller / Regulatory Cell of Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO). The matter was referred for adjudication by Tamil Nadu Electricity Regulatory Commission (TNERC). TNERC has since passed order dated 02.02.2021 in T.A.No.1 of 2020. Paragraphs 7.12, 7.13 of the order reads as follows :
"7.12. In view of the above, considering the importance of Cold storage in preserving the food and agricultural products and in resolving the industrial codification issue in line with the tariff categorized in respect of Cold storage units under HT category, we conclude that the „Cold Storage Units" are entitled to be classified under LT category and accordingly shall be classified under LT - III B only.
7.13. TANGEDCO is, therefore, directed to rework the billing of the "Cold storage units" under LT III B from 11-08-2017 and if it is found that therein any excess billing, the same may be refunded to the consumer by way of adjustment in the ensuing bills in equal instalments commensurate with the bimonthly/monthly CC bills. Ordered accordingly." 5/8
3. In view of the same, the order impugned in the writ petitions is set aside. These writ petitions are allowed. TANGEDCO is at liberty to rework the bills in the light of and in tune with TNERC is ordered. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 07.12.2022 Index : Yes / No Internet : Yes/ No mga To 1.The Chairman, 2.The Chief Internal Audit Officer / BOAB Audit, 3.The Chief Financial Controller / Regulatory Cell, Accounts Branch, 800, Anna Salai, 6/8
4.The Secretary, Tamil Nadu Electricity Regulatory Commission, RuckmaniLakshmipathi Road, Egmore, Chennai - 600 008.
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G.R.SWAMINATHAN, J.
mga and W.M.P(MD)Nos.18705, 18708, 18711, 18713, 20465 & 20466 of 2019 07.12.2022 8/8