Madras High Court
M/S. Sengunthar Mills (P) Ltd vs Tamilnadu Generation And Distribution on 28 July, 2021
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.No.15504 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.07.2021
CORAM
THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR
W.P.No.15504 of 2021
and W.M.P.No.16431 of 2021
M/s. Sengunthar Mills (P) Ltd.,
Rep. by its Director,
R.Vignesh,
No.194/1, Pallipalayam Road,
Varapalayam, Thokkavadi-637215,
Tiruchengode Taluk, Namakkal. ..Petitioner
Vs
1. Tamilnadu Generation and Distribution
Corporation Ltd (TANGEDCO)
Represented by its Chairman & Managing Director,
No.144, Anna Salai, Chennai -02.
2.The Chief Engineer,
Non-Conventional Energy Sources,
TANGEDCO, 2nd Floor, No.144, Anna Salai,
Chennai -02.
3. The Superintending Engineer,
Mettur Electricity Distribution Circle,
Tamilnadu Generation and Distribution
Corporation Limited, Mettur Dam.
4. Tamilnadu Electricity Regulatory Commission,
Represented by its Secretary,
19-A, Rukmani Lakshmipathy Salai,
Egmore, Chennai -600008. ..Respondents
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W.P.No.15504 of 2021
Prayer:- The Writ Petition is filed under Article 226 of Constitution of India
for writ of Mandamus, directing the 2nd and 3rd Respondents to give the
adjustment of the excessively collected Banking charge of Rs.9,90,430/-
(Period from 01.08.2012 to 31.03.2016) based on the working instructions
issued by the 1st Respondent dated 03.10.2017 in the matter of
implementation of the order of the State Commission (TNERC) issued in RA.
No. 6 of 2013 dated 31.03.2016.
For Petitioner : Mr.S.P.Parthasarathy
For Respondents : Mr.M.Abul Kalam, TNEB
*****
ORDER
The writ petitioner seeks direction to the respondents 2 and 3 to adjust the excessively collected Banking charge of Rs.9,90,430/- (Period from 01.08.2012 to 31.03.2016) in the ensuing CC bills, based on the working instructions issued by the first respondent, dated 03.10.2017 in the matter of implementation of the order of the State Commission (TNERC) issued in RA. No. 6 of 2013 dated 31.03.2016.
2. According to the petitioner, petitioner is owning windmills and also entered into an Energy Wheeling Agreement with the respondent Board and entitled for adjustment of the energy so generated from the Windmills for his captive consumption at this Spinning Mills as fixed by the Tamil Nadu Electricity Regulatory Commission. http://www.judis.nic.in 2/6 W.P.No.15504 of 2021
3. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents and perused the materials available on record.
4. The learned counsel for the petitioner relied upon by the final orders passed by this Court in similar matter in W.P.No.3987 of 2021, dated 30.03.2021 and seeks similar order in the present writ petition. The relevant paragraphs of the said order is extracted below:
“4. This Court by an order, dated 5/4/2017, directed the respondents 1 to 3 therein to implement the order of the State Commission (TNERC) in R.A.No.6 of 2013, dated 31/3/2016, within a period of eight weeks, from the date of receipt of a copy of the order, dated 5/4/2017. Thereafter, the second respondent has issued a circular in Memo No.CFC/REV/DFC/REV/AS.3/D.No.384/17 dated 3/10/2017, by referring the orders of this Court and passed an order as follows:-
“While revising the CC bills from 1/8/2012 to 31/3/2016 in respect of the wind energy captive user, if any refund of banking charges and other charges arising, the same may be allowed for adjustment in the ensuing CC bill (s) in 10 instalments. Similarly, if any collection of CC charges is arising, the same shall be collected separately by issuing separate demand with 15 days http://www.judis.nic.in 3/6 W.P.No.15504 of 2021 notice and if not paid, the same may be included in the ensuing CC bill after giving appropriate notice to the respective consumers. Instalments if any requested can be acted up on suitably without exceeding three monthly instalments.”
5. Though the circular has been issued on 3/10/2017, the same has not been implemented by the first respondent and therefore, the petitioner has made several representations and thereafter, approached this Court for a writ of mandamus, directing the second and third respondents to give adjustment of the excessively collected banking charge of Rs.25,44,093/- which is for the period from 1/8/2012 to 31/3/2016 based on the working instructions issued by the first respondent dated 3/10/2017. ....
8. 12 (2) of the Tamil Nadu Electricity Supply Code, reads as follows:-
“Where it is found that the consumer has been over charged, the excess amount paid in such cases will be adjusted against future current consumption charges. If, even after such adjustment against future current consumption charges for two assessment periods, there is still a balance to be refunded, the refund will be made by cheque.”
9. It appears that the respondents have charged excess amount and failed to adjust the same in future current consumption charges, despite the orders of APTEL and the order of this Court made in W.P.No.3979 of 2017 and the http://www.judis.nic.in 4/6 W.P.No.15504 of 2021 Circular issued in No.CFC/REV/DFC/REV/AS.3/ D.No.384/17 dated 3/10/2017. Therefore, this writ petition is allowed, with a direction to the respondents, to refund the excess amount due to the petitioner, as per Clause 12 (2) of the Tamil Nadu Electricity Supply Code, 20014, within a period of four weeks, from the date of receipt of a copy of this order.”
5. The learned counsel appearing for the petitioner fairly submitted before this Court that the entire excess amount payable to the petitioner can be adjusted in the ensuing CC Bills.
6. The learned standing counsel appearing for the respondent board on instructions has also agreed to adjust the excess amount with future CC Bills after the same is approved by the respondent board.
7. Following the order of this Court, dated 30.03.2021 passed in W.P.No.3987 of 2021, this Court is inclined to direct the respondent board to adjust the excess amount payable to the petitioner in the future Consumption Charges Bills.
8. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
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vaan Internet:Yes/No Index:Yes/No Speaking / Non-Speaking order vaan To
1. The Chairman & Managing Director, Tamilnadu Generation and Distribution Corporation Ltd (TANGEDCO) No.144, Anna Salai, Chennai -02.
2.The Chief Engineer, Non-Conventional Energy Sources, TANGEDCO, 2nd Floor, No.144, Anna Salai, Chennai -02.
3. The Superintending Engineer, Mettur Electricity Distribution Circle, Tamilnadu Generation and Distribution Corporation Ltd., Mettur Dam.
4. The Secretary, Tamilnadu Electricity Regulatory Commission, 19-A, Rukmani Lakshmipathy Salai, Egmore, Chennai -600008. W.P.No.15504 of 2021 and W.M.P.No.16431 of 2021 http://www.judis.nic.in 6/6 W.P.No.15504 of 2021 28.07.2021 http://www.judis.nic.in 7/6