Madras High Court
Dexterity Kpo Services Private Limited vs Tamil Nadu Electricity Board on 26 August, 2019
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.Nos.10175, 17846 of 2009, 18652 of 2010,
27195, 27196, 27197, 6225 of 2008,
8424 of 2009, 24002, 18283 of 2011 And
W.P.(MD) No.8088 of 2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.Nos.10175, 17846 of 2009, 18652 of 2010, 27195, 27196,
27197, 6225 of 2008, 8424 of 2009, 24002, 18283 of 2011
And
W.P.(MD) No.8088 of 2008
W.P.No.10175 of 2009:
DEXTERITY KPO SERVICES PRIVATE LIMITED
Represented by its Associate Vice President
Mr.J.Mohan ... Petitioner
Vs.
1.Tamil Nadu Electricity Board
Represented by its Chairman
800, Anna Salai, Chennai – 600 002.
2.Executive Engineer,
Tamil Nadu Electricity Board
Ambattur Industrial Estate,
3rd Main Road,
Ambattur, Chennai – 600 058. ... Respondents
Prayer in W.P.No.10175 of 2009:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus to call for the records of the
2nd respondent in respect of demand notice Lr.No.EE/O&M/ABT/AAO/
RB/A.S.1/F. Audit Slip No.113/09 dated 25.05.09 and quash the said
1/6
http://www.judis.nic.in
W.P.Nos.10175, 17846 of 2009, 18652 of 2010,
27195, 27196, 27197, 6225 of 2008,
8424 of 2009, 24002, 18283 of 2011 And
W.P.(MD) No.8088 of 2008
demand notice as it is illegal, arbitrary and without any authority and
consequently direct the respondents not to make any demand from the
petitioner in respect of the matters covered by the said demand notice.
For Petitioner : Mr.S.Sathish in W.P.No.10175 of 2009
For Respondents : Mr.Aravind Pandian, AAG
Assisted by
Mr.P.R.Dilipkumar in W.P.No.10175 of 2009
COMMON ORDER
Since the issue involved in all these writ petitions are one and the same, they are heard together and disposed of by way of a common order. Though W.P.(MD) No.8088 of 2008 pertains to the Madurai Bench of the Madras High Court, it is connected with some of the writ petitions in this batch and hence it was transferred to the Principal Seat after obtaining appropriate orders from The Hon'ble The Chief Justice and listed today before this Court.
2.The petitioners herein are having either HT or LT service connections, as the case may be, from the respective Superintending Engineers. The issue involved in the present cases are the shortfall demands made by the Respondent Board towards tariff difference 2/6 http://www.judis.nic.in W.P.Nos.10175, 17846 of 2009, 18652 of 2010, 27195, 27196, 27197, 6225 of 2008, 8424 of 2009, 24002, 18283 of 2011 And W.P.(MD) No.8088 of 2008 between HT 1A & III and LT IIIB & V, which have been challenged by the petitioners in the writ petitions.
3.The case of the respondent is that the shortfall arrears are raised as per the TNERC Tariff Order No.1/2002 dated 15.03.2003 (with effect from 16.03.2003) and that IT/ITES are not included in the said Tariff Order No.1/ 2002. The petitioners filed the writ petitions against the shortfall demand notices objecting to the same stating that IT/ITES comes under HT 1A and LT IIIB, as the case may be, as per the Government of Tamil Nadu IT Policy, no retrospective tariff revision can be made, etc. However, according to the respondent, the shortfall demand is raised as per the TNERC order in T.P.No.1 of 2002 dated 15.03.2003 (with effect from 16.03.2003) since the provision to include IT/ITES industries are prescribed in the TNERC Tariff Order with effect from 01.04.2012.
4.Since the petitioners filed writ petitions challenging the respective impugned orders issued by the respondent Executive Engineers/ Superintending Engineers, the learned Additional Advocate 3/6 http://www.judis.nic.in W.P.Nos.10175, 17846 of 2009, 18652 of 2010, 27195, 27196, 27197, 6225 of 2008, 8424 of 2009, 24002, 18283 of 2011 And W.P.(MD) No.8088 of 2008 General appearing on their behalf would submit that there is an effective remedy before the Tamil Nadu Electricity Regulatory Commission (TNERC) and that in order to resolve the issue inbetween the consumer and the respondent Board, the respondent Board may be directed to file appropriate petition before the TNERC whether the petitioners are eligible for HT 1A/ LT IIIB tariff concession, as the case may be. To enable the TNERC to decide whether the petitioners are eligible for HT 1A and LT IIIB tariff concession, as the case may be, this Court may issue directions to the TNERC to pass appropriate orders within a period of twelve weeks from the date of the petition to be filed by the respondent Board before TNERC.
5.In view of the above, it is necessary to resolve the issue by Tamil Nadu Electricity Regulatory Commission. Hence, without expressing any opinion on the merits of the case, I am inclined to issue direction to the respondent Board to file appropriate petition before the Tamil Nadu Electricity Regulatory Commission within a period of four weeks from the date of receipt of a copy of this order. Thereafter, the Tamil Nadu Electricity Regulatory Commission is 4/6 http://www.judis.nic.in W.P.Nos.10175, 17846 of 2009, 18652 of 2010, 27195, 27196, 27197, 6225 of 2008, 8424 of 2009, 24002, 18283 of 2011 And W.P.(MD) No.8088 of 2008 directed to pass appropriate orders within a period of twelve weeks from the date of filing of the petition by the respondent Board and after issuing notice to and hearing the petitioners herein on merits. The respondent is directed to maintain status-quo till the disposal of the petition to be filed before the Tamil Nadu Electricity Regulatory Commission.
6.With the above directions, the writ petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.
26.08.2019 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To
1.Tamil Nadu Electricity Board Represented by its Chairman 800, Anna Salai, Chennai – 600 002.
2.The Executive Engineer, Tamil Nadu Electricity Board Ambattur Industrial Estate, 3rd Main Road, Ambattur, Chennai – 600 058.
5/6 http://www.judis.nic.in W.P.Nos.10175, 17846 of 2009, 18652 of 2010, 27195, 27196, 27197, 6225 of 2008, 8424 of 2009, 24002, 18283 of 2011 And W.P.(MD) No.8088 of 2008 M.DHANDAPANI,J.
pri W.P.Nos.10175, 17846 of 2009, 18652 of 2010, 27195, 27196, 27197, 6225 of 2008, 8424 of 2009, 24002, 18283 of 2011 And W.P.(MD) No.8088 of 2008 26.08.2019 6/6 http://www.judis.nic.in