Partly allowed

M/s. Subham Paper (P.) Ltd. v. Tamil Nadu Electricity

Madras HC12 Mar 2021WP/770/2017

Case brief

AI extract

What is this about?

The High Court of Madras quashed a Superintending Engineer's order imposing a penalty fee based on withdrawn circulars and a bill statement. The court directed the Superintending Engineer to consider a later circular dated 19.07.2016 regarding banking instructions and pass a fresh order on merits following natural justice principles.

What did the court decide?

Impugned order dated 18.11.2016 and current consumption bill statement dated 31.12.2016 quashed. Directions issued to Superintending Engineer to apply circular dated 19.07.2016 and pass fresh order on

M/s. Subham Paper (P.) Ltd. Vs Tamil Nadu Electricity — Company and Corporate | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 12.03.2021

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CORAM

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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W.P.NO.770 OF 2017

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AND

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W.M.P.NOS.804 TO 806 OF 2017

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M/s.Subham Paper (P) Ltd. S.No.143-146, Vaduganpatti Village, Nadukallur, Tirunelveli – 627 010.

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... Petitioner

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Vs 1. Tamil Nadu Electricity Generation and Distribution Company (TANGEDCO), Represented by its Chairman and Managing Director, No.144, Anna Salai, Chennai – 600 002.

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The Superintending Engineer, Tirunelveli Electricity Distribution Circle, Tirunelveli – 627 011.

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Tamil Nadu Electricity Regulatory Commission, Represented by its Secretary, No.19A, Rukmini Lakshmipathy Salai, Egmore, Chennai – 600 008.

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Chief Financial Controller/Revenue, TANGEDCO, No.800, Anna Salai, Chennai – 600 002.

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Chief Engineer/Non Conventional Energy Sources (NCES), 2^nd Floor, NPKRR Maaligai, 144, Anna Salai, Chennai – 600 002.

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M/s.Nupower Wind Farms Limited, 618, Maker Chamber V, Nariman Point, Mumbai – 400 021.

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https://hcservices.ecourts.gov.in/hcservices/

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Accounts Officer/Revenue, Tirunelveli Electricity Distribution Circle, Tirunelveli.

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Prayer:

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Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent comprised in the second respondent's Lr.No.SE/TEDC/TIN/AO/REV/AAO/HTAS/HT Sc.162/D.573/ 16 dated 18.11.2016 and subsequent imposition of penalty fee by way of current consumption bill statement dated 31.12.2016 issued by the 7^th Respondent, and quash the same as being arbitrary, illegal, violative of the principles of natural justice besides being violative of the provisions of the Electricity Act, 2003 and the rules framed thereunder and consequently direct the 5^th Respondent to enforce its circular bearing Circular Memo No.CE/NCES/SE/EEWPP/AEE2/F. Banking instructions/D.1342/16, dated 19.07.2016 in accordance with law.

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The petitioner has challenged the impugned order dated 18.11.2016 passed by the 2^nd respondent/Superintending Engineer and Current Consumption Bill Statement dated 31.12.2016 issued by the 7^th respondent/Accounts Officer.

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The case of the petitioner is that in the impugned order dated 18.11.2016, the 2^nd respondent/Superintending Engineer has relied upon a Circular Memo No.DIR/GEN/TANGEDCO/EA/F dated 31.08.2012.

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It is submitted that the said circular has been withdrawn long time back and thereafter other two circulars were issued on 14.03.2016, Ref.Memo No.CFC/Rev/FC/R/AS3/D.258/16 and on 01.04.2016, Ref.Memo No.CFC/Rev/FC/R/AS/R/F.HT./D.236/16.

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It is submitted that even those circulars were withdrawn by another circular dated 19.07.2016 bearing Circular Memo No.CE/NCES/SE/EE/WPP/AEE2/F.Banking instruction/D.1342/16, the respondents have complied the above circular as per which the instructions already issued for maintenance of banking account at the wheeling end by the Accounts Branch(Revenue) vide the references cited above had been cancelled. It is submitted that

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https://hcservices.ecourts.gov.in/hcservices/

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as per the letter/circular dated 19.07.2016, to be maintained slot wise at wind generating end EDC (Electronic Data Capture).

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Though several representations were made on merits, I am of the view, this writ petition can be disposed by directing the respondents to consider the applicability of circular dated 19.07.2016 based on the representation of the petitioner dated 01.12.2016. Under these circumstances, the impugned order dated 18.11.2016 bearing Lr.No.SE/TEDC/TIN/AO/REV/AAO/H/AS/HT Sc.162/ D.573/16 stands quashed and the consequential direction issued by the 7^th respondent/Accounts Officer also stands quashed.

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The 2^nd respondent/Superintending Engineer is directed to consider the applicability of Circular bearing Memo.No.CE/NCES/ SE/EE/WPP/AEE2/F dated 19.07.2016, to the facts of the case of the petitioner and pass a fresh order on merits in accordance with law.

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The petitioner is given liberty to file reply/representation, if any, within a period of 30 days from the date of receipt of a copy of this order. The respondents shall thereafter pass orders and issue demand notice, if any, within a period of three months from the date of receipt of a copy of this order.

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It is needless to state that before passing such order, the respondents shall also follow the Principles of Natural Justice by granting an opportunity of personal hearing to the petitioner.

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This Writ Petition is disposed of with the above directions. No costs. Consequently, connected Writ Miscellaneous Petitions are closed.

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Sd/Assistant Registrar(CS VI)

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//True Copy//

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Sub Assistant Registrar

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arb

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The Chairman and Managing Director, Tamil Nadu Electricity Generation and Distribution Company (TANGEDCO), No.144, Anna Salai, Chennai – 600 002.

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https://hcservices.ecourts.gov.in/hcservices/

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The Superintending Engineer,
Tirunelveli Electricity Distribution Circle,
Tirunelveli – 627 011.
3. The Secretary,
Tamil Nadu Electricity Regulatory Commission,
No.19A, Rukmini Lakshmipathy Salai,
Egmore, Chennai – 600 008.
4. Chief Financial Controller/Revenue,
TANGEDCO,
No.800, Anna Salai,
Chennai – 600 002.
5. Chief Engineer/Non Conventional Energy
Sources (NCES),
2 nd Floor, NPKRR Maaligai,
144, Anna Salai,
Chennai – 600 002.
6. Accounts Officer/Revenue,
Tirunelveli Electricity Distribution Circle,
Tirunelveli.
W.P.No.770 of 2017
and
W.M.P.Nos.804 to 806 of 2017
PL(CO)
CS/07/04/2021

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https://hcservices.ecourts.gov.in/hcservices/

M/s. Subham Paper (P.) Ltd. v. Tamil Nadu Electricity

Case brief

What is this about?

What did the court decide?

M/s. Subham Paper (P.) Ltd. v. Tamil Nadu Electricity

Case brief

What is this about?

What did the court decide?

What the court decided

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