A company challenged excess electricity charges deemed illegal and time-barred. The court observed the issue was pending before the Supreme Court and disposed of the petition by directing status-quo.
Direction to maintain status-quo as on date pending Supreme Court order; petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.8831 of 2011
And
M.P.No.1 of 2011
Chola Spinning Mills Private Ltd., repd. By its Director P.Shanmugam ... Petitioner Vs. 1.Tamil Nadu Electricity Regulatory Commission repd. By its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai – 600 008. 2.The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai – 600 002. 3.The Superintending Engineer, Mettur Elec. Distribution Circle, Tamil Nadu Electricity Board, Mettur Dam. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records of the 3rd respondent in his Notice No.SEM/DFC/AOR/A 2/HT/F. 149/R.No.265/11 dated 21.03.2011 issued by the 3rd respondent in so far as the time barred claim of Rs.7,77,833.47 for the months of December, 2008 to March 2009 and also the balance amount of Rs.8,33,783.07 for the months of April, 2009 to July 2009 without opportunity to the petitioner and quash the same for exceeding quota during evening peak hour as illegal, arbitrary, without the authority of law and against the provisions of Electricity Act, 2003.
For Petitioner : Mr.R.S.Pandiyaraj
For Respondents
: Mr.P.H.Aravind Pandian, AAG
Assisted by Mr.S.K.Rameshwar
ORDER
The issue raised in the present writ petition has already been settled before the Appellate Tribunal for Electricity (APTEL). The writ petition challenges the excess charges levied for exceeding quota by the 3rd respondent. In this regard, the Tamil Nadu Electricity Regulatory Commission has passed an order on 04.05.2010, relevant portion of which reads as follows:
"Para 11.7 para 3.9 of the order of the commission in RPNO.2 of 2008 explicitly states as follows,
It must be borne in mind that excess demand charges and excess energy charges are liable in addition to the penalty of drastic reduction of electricity supply to 5% (or
10%) during the following 48 hrs as the case may be for violation of restriction and control measures."
2.Against which, the aggrieved similarly placed persons filed appeal before the Appellate Tribunal for Electricity (APTEL) and obtained final order on 11.01.2011.
3.In this regard, the Tamil Nadu Electricity Board approached the Hon'ble Supreme Court by filing Civil Appeal Nos.1090 – 1099 of 2011 and the Hon'ble Supreme Court vide order dated 04.02.2011 entertained the Civil Appeals against the judgment of the Appellate Tribunal. On a perusal of the interim order dated 04.02.2011, there is a direction to the appellant therein/Tamil Nadu Electricity Board to furnish Bank Guarantee of a Nationalized Bank in favour of the Registrar (Judicial) of the Hon'ble Supreme Court.
5.Accordingly, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To
3 issues framed by the court
Whether the writ petition challenging excess electricity charges should be decided while the same issue is pending before the Supreme Court.
Whether the 3rd respondent's notice imposing excess charges should be quashed for being time-barred and arbitrary.
Whether to maintain status-quo pending the outcome of the Supreme Court intervention.
Colour shows how this judgement treated each authority
RPNO.2 of 2008Referred¶16
Chola Spinning Mills Private Ltd.
Tamil Nadu Electricity Regulatory Commission
Chairman, Tamil Nadu Electricity Board
Superintending Engineer, Mettur Elec. Distribution Circle
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
