Madras High Court
Tamilnadu Spinning Mills Association vs The Tamil Nadu Electricity Regulatory on 17 October, 2012
Author: R.Sudhakar
Bench: R.Sudhakar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17/10/2012 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.(MD)No.12650 of 2012 W.P.(MD)No.12749 of 2012 W.P.(MD)No.12750 of 2012 and W.P.(MD)No.12885 of 2012 and M.P(MD)Nos.2 and 3 of 2012 (in all petitions) W.P.(MD)Nos.12650 of 2012: Tamilnadu Spinning Mills Association, No.2, Karur Road, Near Beschi College, Modern Nagar, Dindigul - 624 001. represented by its Chief Advisor, Dr.K.Venkatachalam ... Petitioner Vs. 1.The Tamil Nadu Electricity Regulatory Commission, represented by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai - 600 008. 2.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002. 3.The Chief Engineer, NCES, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), 144, Anna Salai, Chennai - 600 002. 4.The Superintending Engineer, TANGEDCO, Udumalpet. 5.The Superintending Engineer, TANGEDCO, Tirunelveli. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorari, to call for the records of the second respondent insofar as the Impugned Memo in Dir/Gen/TANGEDCO/EA/F.Wind Tarrif Order No.6/D /12 dated --.08.2012 insofar as demanding and collecting of Transmission Charges at flat rate instead of pro-rata basis, Scheduling and System Operation Charges vide Clause (xvi) (c) and also Security Deposit equivalent to 3 months' average of charges vide Clause (xvii) (b) at the generation end and quash the same as illegal and against the provisions of as contained in Clauses 8.3.3, 8.9 and 8.11.4 of Order No.6 dated 31.07.2012 issued by the first respondent insofar as the Members of the Petitioner Association are concerned. !For Petitioner ... Mr.AR.L.Sundaresan, Senior Counsel for Mr.R.S.Pandiyaraj ^For Respondents ... Mr.P.H.Aravind Pandian, Additional Advocate General assisted by Mr.S.M.S.Johnny Basha, Standing Counsel * * * * * W.P.(MD)Nos.12749 of 2012: Madras Cements Limited, Ramamandiram, Rajapalayam, Virudhunagar District, represented by its General Manager (Administration), R.Venkataraman ... Petitioner Vs. 1.The Tamil Nadu Electricity Regulatory Commission, represented by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai - 600 008. 2.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002. 3.The Chief Engineer, NCES, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), 144, Anna Salai, Chennai - 600 002. 4.The Superintending Engineer, TANGEDCO, Udumalpet. 5.The Superintending Engineer, TANGEDCO, Dindigul. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorari, to call for the records of the second respondent insofar as the Impugned Memo in Dir/Gen/TANGEDCO/EA/F.Wind Tarrif Order No.6/D /12 dated --.08.2012 insofar as demanding and collecting of Transmission Charges at flat rate instead of pro-rata basis, Scheduling and System Operation Charges vide Clause (xvi) (c) and also Security Deposit equivalent to 3 months' average of charges vide Clause (xvii) (b) at the generation end and quash the same as illegal and against the provisions of as contained in Clauses 8.3.3, 8.9 and 8.11.4 of Order No.6 dated 31.07.2012 issued by the first respondent insofar as the petitioner is concerned. For Petitioner ... Mr.AR.L.Sundaresan, Senior Counsel for Mr.R.S.Pandiyaraj For Respondents ... Mr.P.H.Aravind Pandian, Additional Advocate General assisted by Mr.S.M.S.Johnny Basha, Standing Counsel * * * * * W.P.(MD)Nos.12750 of 2012: Indian Wind Power Association, Branch Office, 3rd Floor, 17 & 18, North Veli Street, Madurai - 01. represented by its Secretary General, Dr.Rishi Muni Dwivedi ... Petitioner Vs. 1.The Tamil Nadu Electricity Regulatory Commission, represented by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai - 600 008. 2.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002. 3.The Chief Engineer, NCES, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), 144, Anna Salai, Chennai - 600 002. 4.The Superintending Engineer, TANGEDCO, Udumalpet. 5.The Superintending Engineer, TANGEDCO, Dindigul. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorari, to call for the records of the second respondent insofar as the Impugned Memo in Dir/Gen/TANGEDCO/EA/F.Wind Tarrif Order No.6/D /12 dated --.08.2012 insofar as demanding and collecting of Transmission Charges at flat rate instead of pro-rata basis, Scheduling and System Operation Charges vide Clause (xvi) (c) and also Security Deposit equivalent to 3 months' average of charges vide Clause (xvii) (b) at the generation end and quash the same as illegal and against the provisions of as contained in Clauses 8.3.3, 8.9 and 8.11.4 of Order No.6 dated 31.07.2012 issued by the first respondent insofar as the Members of the Petitioner Association are concerned. For Petitioner ... Mr.AR.L.Sundaresan, Senior Counsel for Mr.R.S.Pandiyaraj For Respondents ... Mr.P.H.Aravind Pandian, Additional Advocate General assisted by Mr.S.M.S.Johnny Basha, Standing Counsel * * * * * W.P.(MD)Nos.12885 of 2012: The Southern India Mills' Association, represented by its Authorized Signatory N.Selvaraj, Regional Office at Door No.1066, Tenkasi Road, Rajapalayam - 626 117. ... Petitioner Vs. 1.The Tamil Nadu Electricity Regulatory Commission, (TNERC), represented by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai - 600 008. 2.The Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), represented by its Chairman, 144, Anna Salai, Chennai - 600 002. 3.The Chief Engineer, NCES, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), 144, Anna Salai, Chennai - 600 002. 4.The Superintending Engineer, Udumalpet Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), Udumalpet. 5.The Superintending Engineer, Tirunelveli Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), Tirunelveli. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorari, to call for the records of the second respondent culminating in his impugned Circular Memo No.Dir/Gen/TANGEDCO/EA/F.Wind Tarrif Order No.6/D /12 dated --.08.2012 insofar as demanding and collecting of Transmission Charges at flat rate instead of pro- rata basis, Scheduling and System Operation Charges vide Clause (xvi) (c) and also Security Deposit equivalent to 3 months' average of charges vide Clause (xvii) (b) at the generation end and quash the same as illegal and against the provisions of as contained in Clauses 8.3.3, 8.9 and 8.11.4 of Order No.6 dated 31.07.2012 issued by the first respondent insofar as the Members of the Petitioner are concerned. For Petitioner ... Mr.N.L.Rajah For Respondents ... Mr.P.H.Aravind Pandian, Additional Advocate General assisted by Mr.S.M.S.Johnny Basha, Standing Counsel * * * * * :COMMON ORDER
All the above writ petitions have been filed challenging certain clauses of the implemention order passed by the second respondent interpreting the order of the TNERC in Order No.6/2012 dated 31.07.2012. Heard Mr.AR.L.Sundaresan, Senior Advocate and Mr.N.L.Rajah and other Advocates appearing for the petitioners in all the cases and Mr.P.H.Arvind Pandian, learned Additional Advocate General appearing for the respondents.
2. Three issues raised by the petitioners were considered by this Court in the interim order passed by this Court in M.P(MD)No.2 of 2012 in W.P(MD)No.12650 of 2012, dated 26.09.2012.
3. Mr.P.H.Aravind Pandian, learned Additional Advocate General appearing for the respondents, on instructions, submitted that insofar as levy of transmission charges at flat rate instead of pro-rate basis, the respondents will abide by the order of the TNERC and the levy will be on pro-rata basis only as per the order of the TNERC subject to modification in the application said to have been filed by the respondents. Hence, there is no confusion on that issue. The petitioner Associations are entitled to contest the said application on merits before the TNERC.
4. Insofar as Clauses (xvi) (c) and (xvii) (b) of the implementation order which are challenged, the respondents state that they will approach the TNERC for suitable modification/clarification.
5. The counter affidavit of the third respondent - Chief Engineer, TANGEDCO, has been filed today and the relevant portions are extracted hereunder:
"1. I am the deponent herein and I am averring this affidavit on behalf of the 3rd respondent in the Writ petition. I know the facts of the case from the available records and I have the authority to sworn this affidavit.
2. I respectfully submit that the present writ petition has been filed for issuance writ of Certiorari to quash the impugned Memo in Dir/Gen/TANGEDCO/EA/F.Wind Tariff Order No.6/D/12 dated --.08.2012 in so far as demanding and collecting of Transmission Charges at flat rate instead of pro- rata basis, scheduling and system Operation charges vide clause (xvi) (c) and also Security Deposit equivalent to 3 months average of charges vide Clause (xvii) (b) at the generation end and quash the same as illegal and against the provisions as contained in Clauses 8.3.3, 8.9 and 8.11.4 of Order No.6 dated 31.07.2012 issued by the 1st respondent in so far as the members of the petitioner association are concerned.
3. I respectfully submit that the aforesaid case came up for hearing on 08.10.2012 and the respondents had made a submission before this Honourable High Court that the respondents would approach the 1st respondent for clarification regarding Transmission Charges, Security Deposit and Billing and payment is concerned. The respondents have filed a petition before the 1st respondent on 15.10.2012."
The above said stand taken in the counter affidavit filed by the third respondent, is recorded.
6. All the writ petitions stand disposed of in terms of the undertaking given in the counter affidavit as above. Till such time an order is passed by the TNERC, the interim order granted by this Court in all the writ petitions, shall continue. The TNERC shall ensure that all persons concerned are heard before an order is passed either way on merits. Consequently, the connected Miscellaneous Petitions are closed. No costs.
rsb To
1.The Tamil Nadu Electricity Regulatory Commission, represented by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai - 600 008.
2.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
3.The Chief Engineer, NCES, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), 144, Anna Salai, Chennai - 600 002.
4.The Superintending Engineer, TANGEDCO, Udumalpet.
5.The Superintending Engineer, TANGEDCO, Tirunelveli.