1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13.12.2011 Coram : The Honourable Mr.Justice V.RAMASUBRAMANIAN W.P.(MD) Nos.9008, 9668 to 9673, 9164 to 9168, 9233 to 9238, 9243 to 9248, 9856, 10128, 10129, 11967, 12046 and 12047 of 2011 and all connected pending MPs (1, 2 and 3 of 2011) Siva Texyam Ltd., Dindigul – Trichy Road, NH-45, Velvarkottai, Vedasandur Taluk, Dindigul District, Rep. By its Manager A.Sankar ... Petitioner in WP(MD)No.9008/2011 L.S.Mills Ltd., Post Box No.12, Madurai Road, Theni – 655531, Theni District, Rep. By its Deputy General Manager K.M.Ayyanar ... Petitioner in WP(MD)No.9668/2011 Sri Saravana SPG Mills (P) Ltd., HTSC. No.179, Renganathapuram, Vedasandur – 624 711, Dindigul District, Rep. By its Manager S.Palanivel ... Petitioner in WP(MD)No.9669/2011 Raju Spinning Mills (P) Ltd., 1110-B, Cotton Market, Rajapalayam 626 117, Virudhunagar District, Rep. By its Manager K.Muthuramalingam ... Petitioner in WP(MD)No.9670/2011 Sri Saravana SPG Mills (P) Ltd., HTSC. No.52, Batlagundu Road, Pithalaipatty, Dindigul – 2, Dindigul District, Rep. By its Manager S.Palanivel ... Petitioner in WP(MD)No.9671/2011 Eastern Condiments PCT Ltd., 4-1/145A, Mariamman Koil Patty, Theni – 625 531, Theni District, Rep. By its Executive Director, M.E.Mohammed ... Petitioner in WP(MD)No.9672/2011 SSM Fine Yarns, H.T.S.C. No.252, Eluvanampatty, Batlagundu – 624 202, Dindigul District, Rep. By its Manager S.Palanivel ... Petitioner in WP(MD)No.9673/2011 https://hcservices.ecourts.gov.in/hcservices/ 2 Prabhu Spg. Mills (P) Ltd., HTSC. No.148, Nagampatti Village, Vedasandur Taluk, Dindigul District. Rep. By its Manager, M.Velumani ... Petitioner in WP(MD)No.9164/12 Prabhu SPG Mills (P) Ltd., H.T.S.C. No.251 (Open End Division), Kottaiyur, Agaram Village, Thadicombu, Dindigul Taluk, Dindigul District. Rep. By its Manager M.Velumani ... Petitioner in WP(MD)No.9165/2011 Vedha SPG Mills (P) Ltd., H.T.S.C. No.236, Thadicombu, Dindigul Taluk, Pin – 624 710, Dindigul District. Rep. By its Manager M.Velumani ... Petitioner in WP(MD)No.9166/2011 Sivaraj SPG Mills (P) Ltd., H.T.S.C. No.65, Thadicombu, Dindigul Taluk, Dindigul District. Rep. By its Manager M.Velumani ... Petitioner in WP(MD)No.9167/2011 Sudan SPG Mills (P) Ltd., H.T.S.C. No.102, Agaram Village, Thadicombu, Dindigul Taluk, Pin – 624 709, Dindigul District. Rep. By its Manager M.Velumani ... Petitioner in WP(MD)No.9168/2011 Adisankara SPG Mills (P) Ltd., H.T.S.C. No.182, Ottanagampatty, Vedasandur Taluk, Pin – 624 710, Dindigul District. Rep. By its Manager M.Velumani ... Petitioner in WP(MD)No.9233/2011 Sri Velayudhaswamy SPG Mills (P) Ltd., H.T.S.C. No.130, Nagampatti Village, Vedasandur Taluk, Dindigul Taluk, Pin – 624 710, Dindigul District. Rep. By its Manager M.Velumani ... Petitioner in WP(MD)No.9234/2011 Sri Matha SPG. Mills (P) Ltd., H.T.S.C. No.216, Lakshmananpatti, Kalanampatti Post, Dindigul Taluk – 624 710, Dindigul District, Rep. By its Manager M.Velumani ... Petitioner in WP(MD)No.9235/2011 Sri Velayudhaswamy SPG. Mills (P) Ltd., H.T.S.C. No.281, Unit – II, Kottaiyur, Agaram Village, Thadicombu, Dindigul Taluk, Pin – 624 709, Dindigul District. Rep. By its Manager M.Velumani ... Petitioner in WP(MD)No.9236/2011 https://hcservices.ecourts.gov.in/hcservices/ 3 Sri Shanmugavel Mills (P) Ltd., H.T.S.C. No.32, Thadicombu, Dindigul Taluk, Pin – 624 709, Dindigul District. Rep. By its Manager M.Velumani ... Petitioner in WP(MD)No.9237/2011 SVA Syntex (P) Ltd., H.T.S.C. No.164, Thalayuthu Village, Palani Taluk – 624 618, Dindigul District, Rep. By its Manager V.Vijayasekaran. ... Petitioner in WP(MD)No.9238/2011 Subam Paper (P) Ltd., Chinnakovilamkulam, Periyakovilankulam (Post), Sankarankoil – 627 756, Tirunelveli District, Rep. By its Manager M.Lakshminarayanan ... Petitioner in WP(MD)No.10128/2011 BMM Paper Board (P) Ltd., Elavankulam Road, Sankarankoil– 627 756, Tirunelveli District, Rep. By its Manager M.Lakshminarayanan ... Petitioner in WP(MD)No.10129/2011 Prasanna Spinning Mills, H.T.S.C. No.239, Lakshmananpatty, Dindigul Taluk, Dindigul District, Rep. By its Manager M.Velumani ... Petitioner in WP(MD)No.9243/2011 Vishnu Fabrics, H.T.S.C. No.224, Agaram Village, Thadicombu, Dindigul Taluk, Dindigul District. Rep. By its Manager M.Velumani ... Petitioner in WP(MD)No.9244/2011 Adisankara Spinning Mills (P) Ltd., (Kintting Division), H.T.S.C. No.274, Kottaiyur, Agaram Village, Thadicombu, Dindigul Taluk, Dindigul District. Rep. By its Manager M.Velumani ... Petitioner in WP(MD)No.9245/2011 Sri Shanmugavel Mills (P) Ltd., (Weaving Division), H.T.S.C. No.268 Kottaiyur, Agaram Village, Thadicombu, Dindigul Taluk, Dindigul District. Rep. By its Manager M.Velumani ... Petitioner in WP(MD)No.9246/2011 https://hcservices.ecourts.gov.in/hcservices/ 4 Shri Siddhi Vinayagar Tex India Pvt. Ltd., H.T.S.C. No.289, Senkottai, Vedasandur Taluk, Dindigul District. Rep. By its Manager M.Velumani ... Petitioner in WP(MD)No.9247/2011 S.V.P.B. Spinners Pvt. Ltd., H.T.S.C. No.150, Semmadaipatty, Palakkanuthu Post, Dindigul Taluk, Pin – 624 624, Dindigul District. Rep. By its Manager V.Vijayasekaran ... Petitioner in WP(MD)No.9248/2011 Rajashree Spintex (P) Ltd., H.T.S.C. No.222, 420-A, Vaithialingapuram Post, Kothankulam – 626 154, Rajapalayam, Virudhunagar District, Rep. By its Manager K.Muruganantham ... Petitioner in WP(MD)No.9856/2011 K.A.S.Industries India Ltd., SF NOD.125/1,2,3, 126/1A, 1C,126/2A & 2B, Chettikulam, Radhapuram Taluk, Tirunelveli District. Rep. By its Manager I.Mohammed Riaz ... Petitioner in WP(MD)No.11967/2011 M/s.Sree Kaderi Ambal Mills Ltd., H.T.S.C. No.46, Perattu Kottai Village, Shanmuganathapuram, Karaikudi – 630 314, Rep. By its Managing Director S.V.Pethaperumal ... Petitioner in WP(MD)Nos.12046 & 12047/2011 Vs 1.Tamilnadu Electricity Regulatory Commission, rep.by its Secretary 19-A, Rukmini Lakshmipathy Salai (Marshalls Road), Egmore, Chennai-8. 2.The Chairman, Tamilnadu Generation and Distribution Corporation Limited No.144, Anna Salai, Chennai-2. 3.The Chief Engineer, NCES, No.144 Anna Salai, Chennai-2. ...Respondents 1 to 3 in all WPs. 4.The Superintending Engineer, Dindigul Electricity Distribution Circle TANGEDCO, Dindigul. 5.The Deputy Financial Controller, Dindigul Electricity Distribution Circle TANGEDCO, Dindigul. ... Respondents 4 & 5 in WP(MD)Nos. 9008, 9669, 9671, 9673, 9243 to 9248, 9164 to 9168 & 9233 to 9238/2011 https://hcservices.ecourts.gov.in/hcservices/ 5 The Superintending Engineer, Theni Electricity Distribution Circle, TANGEDCO, Theni. The Deputy Financial Controller, Theni Electricity Distribution Circle, TANGEDCO, Theni. ... 4th and 5th Respondents in WP(MD)Nos.9668 and 9672/2011 The Superintending Engineer, Tirunelveli Electricity Distribution Circle, TANGEDCO, Tirunelveli. ... 4th Respondent in WP(MD)Nos. 10128 and 10129 of 2011 and 5th Respondent in WP(MD)No.11967/11 The Deputy Financial Controller, Tirunelveli Electricity Distribution Circle, TANGEDCO, Tirunelveli. ... 5th Respondent in WP(MD)Nos. 10128 and 10129 of 2011 The Superintending Engineer, Virudhunagar Electricity Distribution Circle, TANGEDCO, Virudhunagar. The Deputy Financial Controller, Virudhunagar Electricity Distribution Circle, TANGEDCO, Virudhunagar. ... 4th & 5th Respondent in WP(MD)Nos.9670 & 9856/2011 The Superintending Engineer, Erode Electricity Distribution Circle, TANGEDCO, Erode. ... 4th Respondent in WP(MD)No.11967/2011 The Deputy Financial Controller, Erode Electricity Distribution Circle, TANGEDCO, Erode. ... 6th Respondent in WP(MD)No.11967/2011 The Superintending Engineer, Sivaganga Electricity Distribution Circle, TANGEDCO, Sivaganga. ... 4th Respondent in WP(MD)Nos. 12046 and 12047 of 2011 Prayer in WP(MD)Nos.9668 to 9673, 9243 to 9248, 10128, 10129, 9856 and 11967 of 2011:- Petition to issue a Writ of Certiorari calling for the records of the 3rd Respondent Circular No.(CMD) 13 dated 16.11.2010. Circular letter No.(CMD)216 dated 25.06.2011 and quash the same as illegal and is contrary to the provisions of the Electricity Act, 2003 and against the Regulations of the 1st Respondent. Prayer in WP(MD)Nos.9008, 9164 to 9168, 9233 to 9238 of 2011:- Petition praying to issue a Writ of Certiorarified Mandamus calling for the records of the 3rd Respondent Circular No.(CMD)13 dated 16.11.2010 and circular letter No.(CMD)216 dated 25.06.2011 and the consequential demand by the 5th Respondent in respect of O&M Charge under Serial No.21 https://hcservices.ecourts.gov.in/hcservices/ 6 as Other Adjustment Charge in the Petitioner's (i) CCC Bill for HT SC. No.84 (ii) CCC Bill for HT SC. No.148 (iii) CCC Bill for HT.SC.No.251 (iv) CCC Bill for HT.SC. No.236 (v) CCC Bill for HT.SC.No.65 (vi) CCC Bill for HT.SC.No.102 (vii) CCC Bill dated 2.8.2011 for HT.SC.No.182 (viii) CCC Bill dated 2.8.2011 for HT.SC.No.130 (ix) CCC Bill dated 2.8.2011 for HT.SC.No.216 (x) CCC Bill dated 2.8.2011 for HT.SC.No.281 (xi) CCC Bill dated 2.8.2011 for HT.SC.No.32 (xii) CCC Bill dated 2.8.2011 for HT.SC.No.164 towards the petitioner's Wind Energy Generators and quash the same as illegal and is contrary to the provisions of the Electricity Act, 2003 and against the Regulations of the 1st Respondent and consequently direct the 4th and 5th Respondents to collect the CCC bill without Belated payment Surcharge. Prayer in WP(MD)No.12046 of 2011: - Petition to issue a Writ of Certiorarified Mandamus calling for the records of the 3rd Respondent in (Per) TANGEDCO Proceedings (CMD) No.216 dated 25.06.2011 and the consequential demand made by the 4th Respondent in so far as it relates to O&M charges under Serial No.21 Other Adjustment (Windmill System Operating Charges) in the petitioner's CC Bill dated 30.09.2011 towards the petitioner's Wind Energy Generation and quash the same as illegal, arbitrary and contrary to the provisions of the Electricity Act, 2003 and against the Regulations of the 1st Respondent. Prayer in WP(MD)No.12047 of 2011: - Petition to issue a Writ of Certiorari calling for the records of the 3rd Respondent in (Per) TANGEDCO Proceedings (CMD) No.13 dated 16.11.2010 and quash the same as illegal, arbitrary and contrary to the provisions of the Electricity Act, 2003 and against the Regulations of the 1st Respondent. For Petitioners in all cases except WP(MD)Nos.12046, 12047/11 Mr.R.S.Pandiyaraj For Petitioners in WP(MD) Nos.12046 and 12047 of 2011 : Mr.A.Sivaji For Respondent-1 in all the WPs : Mr.R.Karthikeyan, Addl.Govt.Pleader For Respondents 2 to 5 in WP.(MD) Nos.9008, 9668 to 9673, 9164 to 9168, 9233 to 9238, 9243 to 9248, 12046 and 12047 of 2011 : Mr.S.M.S.Johny Basha, Standing Counsel for TNEB For Respondents 2 to 5 in WP(MD) Nos.9856, 10128, 10129 & 11967/2011: Mr.G.Kasinathadurai, Standing Counsel COMMON ORDER All these writ petitions challenge the circular No.(CMD) 13 dated 16.11.2010 and circular letter No.(CMD) 216 dated 25.6.2011 issued by the third respondent as being contrary to the provisions of the Electricity Act, 2003. https://hcservices.ecourts.gov.in/hcservices/ 7 2. Heard Mr.R.S.Pandiyaraj and Mr.A.Sivaji, learned counsel for the petitioners, Mr.R.Karthikeyan, learned Additional Government Pleader appearing for the first respondent in all the writ petitions, Mr.S.M.S.Johny Basha and Mr.G.Kasinathadurai, learned Standing Counsel appearing for the Electricity Board. 3. A batch of writ petitions in WP.(MD) Nos.18971 of 2001, etc., challenging the very same circular dated 16.11.2010 passed by the third respondent, was dismissed by a learned Judge before the Principal Bench by a common order dated 21.10.2011. The learned counsel for the petitioners have no dispute about the fact that the issues raised in these writ petitions are identical. As a matter of fact, some of those writ petitions were filed by Mr.R.S.Pandiyaraj, learned counsel for the petitioners himself. The only objection of the learned counsel for the petitioners is that a batch of appeals has been filed and that they are likely to be listed in the course of this week. 4. But, the fact remains that the same circular has been upheld by another learned Judge of this Court. I have gone through the judgment of the learned Judge and I respectfully concur with him on all points. 5. Therefore, following the judgment dated 21.10.2011 passed by the Principal Bench in W.P.Nos.18971 batch of cases, these writ petitions are also dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To 1. The Secretary Tamilnadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai (Marshalls Road), Egmore, Chennai-8. 2. The Chairman, Tamilnadu Generation and Distribution Corporation Limited No.144, Anna Salai, Chennai-2. 3. The Chief Engineer, NCES, No.144 Anna Salai, Chennai-2. 4. The Superintending Engineer, Dindigul Electricity Distribution Circle, TANGEDCO, Dindigul. 5. The Deputy Financial Controller, Dindigul Electricity Distribution Circle, TANGEDCO, Dindigul. 6. The Superintending Engineer, Theni Electricity Distribution Circle, TANGEDCO, Theni. https://hcservices.ecourts.gov.in/hcservices/ 8 7. The Deputy Financial Controller, Theni Electricity Distribution Circle, TANGEDCO, Theni. 8. The Superintending Engineer, Tirunelveli Electricity Distribution Circle, TANGEDCO, Tirunelveli. 9. The Deputy Financial Controller, Tirunelveli Electricity Distribution Circle, TANGEDCO, Tirunelveli. 10.The Superintending Engineer, Virudhunagar Electricity Distribution Circle, TANGEDCO, Virudhunagar. 11.The Deputy Financial Controller, Virudhunagar Electricity Distribution Circle, TANGEDCO, Virudhunagar. 12.The Superintending Engineer, Erode Electricity Distribution Circle, TANGEDCO, Erode. 13.The Deputy Financial Controller, Erode Electricity Distribution Circle, TANGEDCO, Erode. 14.The Superintending Engineer, Sivaganga Electricity Distribution Circle, TANGEDCO, Sivaganga. + 1 cc to Mr.G.Kasinathadurai, Advocate, SR No.43422 + 1 cc to Mr.A.Sivaji, Advocate, SR No.43503 + 1 cc tp Mr.S.M.S.Johny Basha, Advocate, SR No.43654 W.P.(MD) Nos.9008, 9668 to 9673, 9164 to 9168, 9233 to 9238, 9243 to 9248, 9856, 10128, 10129, 11967, 12046 and 12047 / 2011 and all connected pending MPs (1, 2 and 3 of 2011) 13.12.2011 PS/RS RJ/7.2.12 8p/18c https://hcservices.ecourts.gov.in/hcservices/