Madras High Court
M/S.Sripathi Paper And Boards Private ... vs The Tamil Nadu Generation And ... on 31 October, 2022
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P(MD)No.18812 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 31.10.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.18812 of 2014
and
M.P(MD)Nos.1 to 3 of 2014
M/s.Sripathi Paper and Boards Private Limited,
Represented by its Authorised Signatory,
M.Samayakaruppasamy,
HTSC No.283,
Sukkiravarpatti,
Anaikuttam, Sivakasi-626 130. ... Petitioner
Vs.
1.The Tamil Nadu Generation and Distribution
Corporation Limited,
TANGEDCO,
Represented by its Chairman,
144, Anna Salai,
Chennai-600 002.
2.The Chief Financial Controller / Revenue,
TANGEDCO,
144, Anna Salai,
Chennai-600 002.
3.The Superintending Engineer,
TANGEDCO,
Virudhunagar Electricity Distribution Circle,
Virudhunagar.
1/7
https://www.mhc.tn.gov.in/judis
W.P(MD)No.18812 of 2014
4.The Tamil Nadu Electricity Regulatory Commission,
No.19A, Rukmini Lakshmipathy Salai,
Egmore,
Chennai-600 008. ... 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 of the second respondent in the issuance of the
impugned instruction in Letter No: /CFC/FC/DFC/AAO.HT/AS.3/D.No.
126/13, dated 07.09.2103 and all consequential communications in
respect of billing start-up power under a two part tariff system and quash
the same and to consequently direct the respondents herein to forbear
from demanding and collecting separate demand charges and energy
charges under two part tariff system as tariff for start-up power and to
charge only energy charges and to refund the amount of Rs.30,88,836/-
that has already been paid by the petitioner.
For Petitioner : M/s.N.Sudalaimuthu
For Respondents : M/s.S.Deenadhayalan
Standing Counsel
ORDER
The present Writ Petition has been filed challenging the working instructions issued by the second respondent herein, on 07.09.2013. The impugned order is mainly relating to the start-up power charges. The 2/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.18812 of 2014 same issue was considered by this Court in a batch of writ petitions in W.P(MD)Nos.26266 of 2013 etc., dated 27.08.2021. The paragraph No. 26 of the order is extracted as follows:-
“26. The above discussion leads to the final phase of the order. This Court is inclined to transfer all these Writ Petitions to the file of the Tamil Nadu Electricity Regulatory Commission, Chennai by setting out the following issues which requires clarification from TNERC in line with the tariff order passed by TNERC in TP No.1 of 2013, dated 20.06.2013.
a. Clarify whether, in case of drawl of start-up power by generators, whether the same should be charged at the rate of energy and energy equated demand charges or whether it should be charged on the basis of two-part tariff and how the charges are to be raised and recovered.
b. Whether, if the drawl of start-up power by generators are to be billed on the basis of two part tariff of 300 Rs./KVA/Month and 9.50 Rs./KWh, the demand charges should be pro-rated to actual hours of usage instead of 3/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.18812 of 2014 calculating it for the entire month.
c. Whether, if the drawl of start-up power by generators are to be billed on the basis of two part tariff of 300 Rs./KVA/Month and 9.50 Rs./KWh, the demand charges are to be based on actual percentage of maximum demand or on the demand being fixed by TANGEDCO.
d. How different categories of generators are to be treated while determining the startup charges and;
e. To issue appropriate orders under S.62(6) of the Act, in case of payments to be made to the generators/consumers since the petitioners have deposited charges in compliance with the conditional orders passed by this Court.”
2. Under the said order, this Court has transferred all the writ petitions to the file of the Tamil Nadu Electricity Regulatory Commission (TNERC), to be considered by them, within a period of three months, after giving opportunity to the writ petitioner and other stakeholders.4/7
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3. Hence, the learned Standing Counsel for the respondent Board also brought to the notice of this Court that he had raised written instructions received from the third respondent herein to the effect that the writ petition may be tagged along with other writ petitions, already transferred to the file of TNERC, Chennai. Based upon the above said requests and the order passed by this Court in the batch of writ petitions, this writ petition is also transferred to TNERC to be tagged along with other writ petitions, in which, orders were passed on 27.08.2021.
4. In view of the above, this Writ Petition stands transferred to TNERC. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed.
31.10.2022
Index : Yes / No
Internet : Yes / No
btr
5/7
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1.The Chairman, The Tamil Nadu Generation and Distribution Corporation Limited, TANGEDCO, 144, Anna Salai, Chennai-600 002.
2.The Chief Financial Controller / Revenue, TANGEDCO, 144, Anna Salai, Chennai-600 002.
3.The Superintending Engineer, TANGEDCO, Virudhunagar Electricity Distribution Circle, Virudhunagar.
4.The Tamil Nadu Electricity Regulatory Commission, No.19A, Rukmini Lakshmipathy Salai, Egmore, Chennai-600 008.
6/7https://www.mhc.tn.gov.in/judis W.P(MD)No.18812 of 2014 R.VIJAYAKUMAR, J.
btr Order made in W.P(MD)No.18812 of 2014 31.10.2022 7/7 https://www.mhc.tn.gov.in/judis