Madras High Court
Birla Carbon India Private Limited vs / on 24 February, 2025
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
W.P.No.6205 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 24.02.2025
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.6205 of 2025
& W.M.P.Nos.6818 & 6820 of 2025
Birla Carbon India Private Limited,
K-16, Phase II, SIPCOT Industrial Complex,
Gummidipoondi,
Thiruvallur District - 601 201 ... Petitioner
/versus/
1. Tamil Nadu Power Distribution Corporation Limited (TNPDCL),
Rep. by its Chairman,
NPKRR Maaligai,
144, Anna Salai, Chennai - 600 002.
2. Chief Financial Controller/Revenue [FAC],
7th Floor Eastern Wing,
TNPDCL, NPKRR Maligai,
Chennai 600 002.
3. Director (Finance) TNPDCL,
NPKRR Maaligai,
144, Anna Salai, Chennai - 600 002.
4. The Superintending Engineer,
Chennai EDC/North TNPDCL,
Anna Salai Chennai - 600 002.
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W.P.No.6205 of 2025
5. Tamil Nadu Electricity Regulatory Commission,
TNERC, 4th Floor, SIDCO Corporate Office building,
Thiru Vi Ka Industrial Estate, Guindy,
Chennai, 600 032. ... Respondents
Prayer: Writ Petition is filed under Article 226 of Constitution of India for the
issuance of Writ of Certiorarified Mandamus, to call for records and quash the
impugned instructions issued by the 2nd respondent vide letter dated 12.12.2024
bearing reference lr. No CFC/REV/FC/AO/AS-3/REV/D.No 557 -1/24, directing
all superintending Engineers of TNPDCL to Bill all generators availing start - up
power under High Tension Tariff - I (two - part tariff system) under the respective
tariff orders issued by the 5th Respondent TNERC for the period from 01.08.2017
to 30.06.2024 and the consequential demand notice issued by the 4th respondent
dated 26.12.2024 bearing reference Lr. No.SE/CEDC/N/DFC/AAO/HT/A.3/F.
1990/D.740/24, as being arbitrary, illegal without authority and country, to the
provisions of the Electricity Act 2003 the Regulations framed there under as well
as the tariff orders issued by 5th Respondent TNERC and to consequently direct the
Respondent TNPDCL to forbear from pursuing any recovery action contrary to the
binding tariff orders of the TNERC and the order dated 29.12.2023 passed in
T.A.No. 13 of 2022 and batch, consistent and in line with the tariff orders issued
by the TNERC for the period from 01.08.2017 to 30.06.2024.
For Petitioner : Mr.Rahul Balaji
For Respondents : Mr.P.S.Raman, Advocate General
Assist by D.R.Arun Kumar, (TNPDCL)
for R1 to R5
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W.P.No.6205 of 2025
ORDER
When the matter came up for hearing, Mr.Raghul Balaji, the Learned Counsel appearing on behalf of the petitioner and Mr.P.S.Raman, Learned Advocate General appearing on behalf of the respondents 1 to 5 would submit that this matter is no longer res integra and similar issue has been decided by this Court in W.P.No.993 of 2025. The Learned Advocate General also further stated that the Tamil Nadu Electricity Regulatory Commission (TNERC) has also now heard the matter and orders have since been reserved on 28.01.2025 and this writ petitioner can also be disposed on the same terms. It essential to extract paragraph Nos.2 to 8 of the said dated 20.01.2025.
2. This Writ Petition is filed challenging the order passed by the 2nd respondent vide Letter in Lr.No.CFC/REV/FC/AO/AS3/REV/D.No.557-1/24, dated 12.12.2024 directing all the Superintending Engineers to bill the petitioner and similarly placed generators under HT TARIFF-I as per the respective tariff orders issued by the Tamil Nadu Electricity Regulatory Commission, TNERC/the 5th respondent for the period from 01.08.2017 to 30.06.2024 with applicable BPSC.
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3. Earlier, the dispute arose regarding the applicable tariff/billing of start-up power and writ petitions were filed before this Court by similarly placed power generators in W.P.No.26266 of 2013 etc., batch and all those writ petitions were transferred to the 5th respondent by order dated 27.08.2021 passed by this Court. Pursuant to the same, the 5th respondent/TNERC disposed of all those petitions by order dated 29.12.2023. Aggrieved by the same, the Tamil Nadu Generation and Distribution Corporation Limited/1st respondent herein filed appeal before the APTEL. While passing an interim order in the appeal, the APTEL clarified that it was left open to TNERC to adjudicate the dispute raised by the parties. Pursuant to the direction issued by the APTEL, the petitioner in W.P.No.468 of 2025 filed a clarificatory petition in M.P.No.51 of 2024 before the TNERC. Along with the clarificatory petition, he also filed a stay application in I.A.No.1 of 2024 and the same is posted for hearing on 28.01.2025.
4. In the meantime, the impugned order has been passed by the 2nd respondent issuing certain directions to all Superintending Engineers regarding amount payable by the petitioner.
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5. Since the stay application filed by the petitioner in W.P.No.468 of 2025 was pending before the Tamil Nadu Electricity Regulatory Commission/the 5th respondent herein, this Court without expressing any opinion on the merits of the points raised by the petitioner therein, directed the Tamil Nadu Electricity Regulatory Commission/5th respondent to take up the stay application filed by the petitioner in I.A.No.1 of 2024 in M.P.No.51 of 2024 and pass final orders on its own merits and in accordance with law, on or before 07.02.2025.
6. The learned counsel for the petitioner as well as the learned Advocate General, who is taking notice for the respondents would agree that the order to be passed by the fifth respondent in I.A.No.1 of 2024 in M.P.No.51 of 2024, pursuant to the direction issued in W.P.No.468 of 2025, will cover the issue involved in this matter.
7. Already, this court, vide order dated 08.01.2025 in W.P.No.468/2024, has directed the fifth respondent to dispose of the said petition filed by the petitioner therein, on or before 07.02.2024. Therefore, this writ petition is disposed of with an observation that the benefit of the order to be passed the fifth respondent in I.A.No.1/2024 in M.P.No.51 of 2024 will enure to the petitioner in this writ petition.
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8. There shall be no order as to costs. Connected miscellaneous petitions are closed.
2. In view thereof, this writ petition is also disposed of on the same terms. No costs. Consequently, connected Miscellaneous Petitions are closed.
24.02.2025 Neutral Citation : No. bsm To,
1. The Chairman, Tamil Nadu Power Distribution Corporation Limited (TNPDCL), NPKRR Maaligai, 144, Anna Salai, Chennai - 600 002.
2. Chief Financial Controller/Revenue [FAC], 7th Floor Eastern Wing, TNPDCL, NPKRR Maligai, Chennai 600 002.
3. Director (Finance) TNPDCL, NPKRR Maaligai, 144, Anna Salai, Chennai - 600 002.
4. The Superintending Engineer, Chennai EDC/North TNPDCL, Anna Salai Chennai - 600 002.
5. Tamil Nadu Electricity Regulatory Commission, Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.6205 of 2025 TNERC, 4th Floor, SIDCO Corporate Office building, Thiru Vi Ka Industrial Estate, Guindy, Chennai, 600 032.
6. The Government Pleader, High Court, Madras.
Page 7 of 8https://www.mhc.tn.gov.in/judis W.P.No.6205 of 2025 D.BHARATHA CHAKRAVARTHY, J.
bsm W.P.No.6205 of 2025 24.02.2025 Page 8 of 8 https://www.mhc.tn.gov.in/judis