Disposed

M/S Brakes India Ltd. v. State of Tamilnadu Rep by

Madras HC13 Jun 2024WA/2513/2010

Case brief

AI extract

What is this about?

In these writ appeals, the High Court held that factual disputes regarding billing charges and open excess usage by electricity utility cannot be adjudicated by the Writ Court, directing appellants to approach alternative forums.

What did the court decide?

The writ appeals were disposed of with liberty to the appellants to approach the Consumer Grievances Forum or work out remedy under Sections 142 and 146 of the Electricity Act.

M/S Brakes India Ltd. Vs State of Tamilnadu Rep by — Banking and Recovery | Madras HC (2024)

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W.A.Nos.2513, 2514, 2515, 2516 & 2517 of 2010

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 13.06.2024

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CORAM

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR. JUSTICE C.KUMARAPPAN

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W.A.Nos.2513, 2514, 2515, 2516 & 2517 of 2010

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and

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M.P.Nos.1, 1, 1, 1 & 1 of 2010

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[W.A.No.2513 of 2010 and M.P.No.1 of 2010]

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M/S Brakes India Ltd., Rep. by Executive Director, MTH Road, Padi, Chennai-600 050.

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... Appellant

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Vs.

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State Of Tamil Nadu, Rep. by Secretary, Dept. Of Energy, Fort St. George, Chennai-9.

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The Chairman, Tamilnadu Electricity Board (TNEB) NPKRR Maligai, Anna Salai, Chennai-2.

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Sai Regency Power Corpn. Pvt. Ltd. No.3, II Floor, Crown Court, 128, Cathedral Road,

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https://www.mhc.tn.gov.in/judis

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1/12

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W.A.Nos.2513, 2514, 2515, 2516 & 2517 of 2010

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Chennai-86.

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Tamil Nadu Electricity Regulatory Commissioner (TNERC) Rep. by the Secretary, Having Office at : 19-A, Rukmini Lakshmipathi Salai, Egmore, Chennai-8.

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... Respondents

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Prayer :- Writ Appeal filed under Clause 15 of Letters Patent, praying to prefer the memorandum of grounds of writ appeal against the order passed by His Lordship, Mr.Justice K.Chandru, dated 08.12.2009 made in W.P.No.12594 of 2009 on the file of the Hon'ble High Court, Madras

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For Appellant : Mr.E.Manoharan

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For Respondents : Mr.S.John J.Raja Singh, Additional Government Pleader (for R1);

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: Mr.S.Wilson, Senior Counsel for Mr.S.Madusudanan, Senior Counsel for TNEB (for R2 & R4);

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: No Appearance (for R3).

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[W.A.No.2514 of 2010 and M.P.No.1 of 2010]

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M/s. Harshni Textiles Ltd., Rep. by its Manager-Finance, No.504, Avanashi Road, Peelamedu, Coimbatore-641 004. ... Appellant

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https://www.mhc.tn.gov.in/judis

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2/12

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State of Tamil Nadu, Rep. by Secretary, Dept. Of Energy, Fort St. George, Chennai-9.

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W.A.Nos.2513, 2514, 2515, 2516 & 2517 of 2010

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Vs.

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The Chairman, Tamilnadu Electricity Board (TNEB) NPKRR Maligai, Anna Salai, Chennai-2.

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Sai Regency Power Corpn. Pvt. Ltd. No.3, II Floor, Crown Court, 128, Cathedral Road, Chennai-86.

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Tamil Nadu Electricity Regulatory Commissioner (TNERC) Rep. by the Secretary, Having Office at : 19-A, Rukmini Lakshmipathi Salai, Egmore, Chennai-8.

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The Superintending Engineer, Udumalpet Electricity District, Circle, Udumalpet. ... Respondents

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Prayer :- Writ Appeal filed under Clause 15 of Letters Patent, praying to prefer the memorandum of grounds of writ appeal against the order passed by His Lordship, Mr.Justice K.Chandru, dated 08.12.2009 made in W.P.No.14812 of 2009 on the file of the Hon'ble High Court, Madras.

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https://www.mhc.tn.gov.in/judis

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3/12

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W.A.Nos.2513, 2514, 2515, 2516 & 2517 of 2010

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For Appellant : Mr.E.Manoharan For Respondents : Mr.S.John J.Raja Singh, Additional Government Pleader (for R1);

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: Mr.S.Wilson, Senior Counsel for Mr.S.Madusudanan, Senior Counsel for TNEB (for R2, R4 & R5);

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: No Appearance (for R3).

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[W.A.No.2515 of 2010 and M.P.No.1 of 2010]

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M/s. Orchid Chemicals & Pharmaceuticals Ltd., Rep. by General manager – Legal and Co.Secretary, Orchid Towers, No.313, Valluvarkottam High Road, Nungambakkam, Chennai – 600034.

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... Appellant

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Vs.

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State of Tamil Nadu, Rep. by Secretary, Dept. Of Energy, Fort St. George, Chennai-9.

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The Chairman, Tamilnadu Electricity Board (TNEB) NPKRR Maligai, Anna Salai, Chennai-2. 3. Sai Regency Power Corpn. Pvt. Ltd. No.3, II Floor, Crown Court, 128, Cathedral Road, Chennai-86.

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https://www.mhc.tn.gov.in/judis

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4/12

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W.A.Nos.2513, 2514, 2515, 2516 & 2517 of 2010

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Tamil Nadu Electricity Regulatory Commissioner (TNERC) Rep. by the Secretary, Having Office at : 19-A, Rukmini Lakshmipathi Salai, Egmore, Chennai-8.

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... Respondents

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Prayer :- Writ Appeal filed under Clause 15 of Letters Patent, praying to prefer the memorandum of grounds of writ appeal against the order passed by His Lordship, Mr.Justice K.Chandru, dated 08.12.2009 made in W.P.No.12603 of 2009 on the file of the Hon'ble High Court, Madras.

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For Appellant : Mr.E.Manoharan

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For Respondents : Mr.S.John J.Raja Singh, Additional Government Pleader (for R1);

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: Mr.S.Wilson, Senior Counsel for Mr.S.Madusudanan, Senior Counsel for TNEB (for R2 & R4);

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: No Appearance (for R3).

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[W.A.No.2516 of 2010 and M.P.No.1 of 2010]

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M/s. Jagannath Textile Co.Limited, Rep. by its Authorised Signatory, No.23 & 23/1, East Periyasamy Road, R.S.Puram, Coimbatore-641002.

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... Appellant

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Vs.

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https://www.mhc.tn.gov.in/judis

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5/12

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W.A.Nos.2513, 2514, 2515, 2516 & 2517 of 2010

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State of Tamil Nadu, Rep. by Secretary, Dept. Of Energy, Fort St. George, Chennai-9.

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The Chairman, Tamilnadu Electricity Board (TNEB) NPKRR Maligai, Anna Salai, Chennai-2.

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Sai Regency Power Corporation. Pvt. Ltd. No.3, II Floor, Crown Court, 128, Cathedral Road, Chennai-86.

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Tamil Nadu Electricity Regulatory Commissioner (TNERC) Rep. by the Secretary, Having Office at : 19-A, Rukmini Lakshmipathi Salai, Egmore, Chennai-8.

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... Respondents

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Prayer :- Writ Appeal filed under Clause 15 of Letters Patent, praying to prefer the memorandum of grounds of writ appeal against the order passed by His Lordship, Mr.Justice K.Chandru, dated 08.12.2009 made in W.P.No.12604 of 2009 on the file of the Hon'ble High Court, Madras.

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For Appellant : Mr.E.Manoharan For Respondents : Mr.S.John J.Raja Singh, Additional Government Pleader (for R1); : Mr.S.Wilson, Senior Counsel for Mr.S.Madusudanan, Senior Counsel for TNEB (for R2 & R4);

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https://www.mhc.tn.gov.in/judis 6/12

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W.A.Nos.2513, 2514, 2515, 2516 & 2517 of 2010

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: No Appearance (for R3).

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[W.A.No.2517 of 2010 and M.P.No.1 of 2010]

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M/s. The Lakshmi Mills Company Ltd., Rep. by General manager, 686, Avanashi Road, Pappanaickenpalayam, Coimbatore – 641037. ... Appellant Vs. 1. State of Tamil Nadu, Rep. by Secretary, Dept. Of Energy, Fort St. George, Chennai-9. 2. The Chairman, Tamilnadu Electricity Board (TNEB) NPKRR Maligai, Anna Salai, Chennai-2. 3. Sai Regency Power Corporation. Pvt. Ltd. No.3, II Floor, Crown Court, 128, Cathedral Road, Chennai-86. 4. Tamil Nadu Electricity Regulatory Commissioner (TNERC) Rep. by the Secretary, Having Office at : 19-A, Rukmini Lakshmipathi Salai, Egmore, Chennai-8. ... Respondents

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https://www.mhc.tn.gov.in/judis

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7/12

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Prayer :-

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W.A.Nos.2513, 2514, 2515, 2516 & 2517 of 2010

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Prayer :- Writ Appeal filed under Clause 15 of Letters Patent, praying to prefer the memorandum of grounds of writ appeal against the order passed by His Lordship, Mr.Justice K.Chandru, dated 08.12.2009 made in W.P.No.12605 of 2009 on the file of the Hon'ble High Court, Madras.

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For Appellant : Mr.E.Manoharan For Respondents : Mr.S.John J.Raja Singh, Additional Government Pleader (for R1);

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: Mr.S.Wilson, Senior Counsel for Mr.S.Madusudanan, Senior Counsel for TNEB (for R2 & R4);

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: No Appearance (for R3).

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COMMON JUDGEMENT

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(Judgement of the Court was delivered by S.M.Subramaniam J.)

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The writ order dated 08.12.2009 in a batch of writ petitions are under

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challenge in the present writ appeals. The writ petitioners are the appellants

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before us.

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The learned counsel for the appellants would submit that the billing

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charges demanded by the respondent TANGEDCO is violative of the

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https://www.mhc.tn.gov.in/judis

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8/12

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W.A.Nos.2513, 2514, 2515, 2516 & 2517 of 2010

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regulations and further running counter to the principles settled by the Tamil Nadu Electricity Regulatory Commission.

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Per contra, the learned Senior Counsel M r.S.Wilson, appearing on behalf of the respondent TANGEDCO would oppose by stating that the respondents are empowered to recover o utag e charges as per the regulations which was elaborately considered by the learned Single Judge in the writ order which is impugned.

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After hearing the parties for a considerable length of time, we found that there is no dispute regarding the fact that the appellants are the consumers. The factual disputes cannot be adjudicated by the Writ Court. The usage of g rid, pro viding open excess to the consumers, require some factual adjudication. Therefore, the appellants are at liberty to approach the Consumer Grievances Forum under Section 42(5) of the Electricity Act, read with Clause 18 of Electricity Supply Code.

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It is brought to the Notice of this Court that the petitioner has got an

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alternate option to invoke Section 142, read with Section 146 of the Electricity Act, based on the orders passed by the Tamil Nadu Electricity

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https://www.mhc.tn.gov.in/judis 9/12

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W.A.Nos.2513, 2514, 2515, 2516 & 2517 of 2010

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Regulatory Commission. It is left open to the appellants to work out their

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remedy in the manner known to law.

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6. With this liberty, the writ appeals are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

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(S.M.S.J.,) (C.K.J.,) 13.06.2024

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Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Neutral Citation : Yes/No (sha)

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https://www.mhc.tn.gov.in/judis 10/12

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W.A.Nos.2513, 2514, 2515, 2516 & 2517 of 2010

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¶113

State of Tamil Nadu, Rep. by Secretary, Dept. Of Energy, Fort St. George, Chennai-9. 2. The Chairman, Tamilnadu Electricity Board (TNEB) NPKRR Maligai, Anna Salai, Chennai-2. 3. Sai Regency Power Corpn. Pvt. Ltd. No.3, II Floor, Crown Court, 128, Cathedral Road, Chennai-86.

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Tamil Nadu Electricity Regulatory Commissioner (TNERC) Rep. by the Secretary, Having Office at : 19-A, Rukmini Lakshmipathi Salai, Egmore, Chennai-8.

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The Superintending Engineer, Udumalpet Electricity District, Circle, Udumalpet.

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https://www.mhc.tn.gov.in/judis

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11/12

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W.A.Nos.2513, 2514, 2515, 2516 & 2517 of 2010

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S.M.SUBRAMANIAM, J. and C.KUMARAPPAN, J.

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(sha)

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W.A.Nos.2513, 2514, 2515, 2516 & 2517 of 2010

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13.06.2024

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https://www.mhc.tn.gov.in/judis 12/12

M/S Brakes India Ltd. v. State of Tamilnadu Rep by

Case brief

What is this about?

What did the court decide?

M/S Brakes India Ltd. v. State of Tamilnadu Rep by

Case brief

What is this about?

What did the court decide?

What the court decided

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