IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 11.2.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition Nos.655 and 3341 of 2011 and M.P.No.1 of 2011 in both Writ Petitions Kamakshi Lamipack Private Limited, represented by its Director, No.68(40) 2nd Main Road, Ambattur Industrial Estate, Chennai-600 058. ... Petitioner in both W.Ps. -Vs.- 1.Tamil Nadu Electricity Board, represented by its Chairman, Anna Salai, Chennai-600 002. 2.Director-Finance, Tamil Nadu Generation & Distribution Corporation Ltd., 144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Chennai Electricity Distribution Circle (CEDC) West, Anna Nagar, Chennai-40. 4.The Deputy Financial Controller, Chennai Electricity Distribution Circle (CEDC) West, Anna Nagar, Chennai-40. ... Respondents in both W.Ps. Writ Petition No.655 of 2011 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records relating to the impugned proceedings of the fourth respondent dated 31.12.2010, in respect of service No.1675 of the petitioner, insofar as it relates to the levy of Evening Peak Energy https://hcservices.ecourts.gov.in/hcservices/ and Demand Charges of Rs.46,225.20 and Cross Subsidy Surcharge for IEX and TP of Rs.9,934.79 and quash the same. Writ Petition No.3341 of 2011 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records relating to the impugned proceedings of the fourth respondent dated 31.1.2011, in respect of service No.1675 of the petitioner, insofar as it relates to the levy of Evening Peak Energy and Demand Charges of Rs.46,092.60 and Cross Subsidy Surcharge for IEX and TP of Rs.6,190.01 and quash the same. For petitioner in both writ petitions : Mr.R.Saravana Kumar For respondents in both writ petitions : Mr.A.Selvendran ----- COMMON ORDER Writ Petition No.655 of 2011 is filed praying to issue a Writ of Certiorari calling for the records relating to the impugned proceedings of the fourth respondent dated 31.12.2010, in respect of service No.1675 of the petitioner, insofar as it relates to the levy of Evening Peak Energy and Demand Charges of Rs.46,225.20 and Cross Subsidy Surcharge for IEX and TP of Rs.9,934.79 and quash the same. 2. Writ Petition No.3341 of 2011 is filed praying to issue a Writ of Certiorari calling for the records relating to the impugned proceedings of the fourth respondent dated 31.1.2011, in respect of service No.1675 of the petitioner, insofar as it relates to the levy of Evening Peak Energy and Demand Charges of Rs.46,092.60 and Cross Subsidy Surcharge for IEX and TP of Rs.6,190.01 and quash the same. 3. The relief sought for in both the writ petitions are one and the same. Mr.A.Selvendran, learned counsel appears on behalf of the respondents in both writ petitions. By consent of both parties, both the writ petitions are taken up together for final disposal. 4. The petitioner in both the cases challenges the bills dated 31.12.2010 and 31.1.2011. The specific plea is with regard to levy of Evening Peak Energy and Demand Charges and Cross Subside Surcharge. Insofar as the Evening Peak Energy and Demand Charges is concerned, this Court earlier passed several orders on terms based on the orders passed by the Electricity Appellate Tribunal, New Delhi. 5. It is now stated by Mr.A.Selvendran, learned counsel appearing for the respondent electricity board that the order of the https://hcservices.ecourts.gov.in/hcservices/ Electricity Appellate Tribunal, New Delhi, has been stayed by the Apex Court on certain conditions. 6. In the present case, the petitioner disputes certain calculations with regard to the levy of Evening Peak Energy and Demand Charges. That is a question which has to be decided by the competent authority on facts and it will be premature to hold that the petitioner in both the cases is not liable. The petitioner is, therefore, directed to make a representation to the third respondent Superintending Engineer, pointing out the irregularity in the bill with regard to Evening Peak Energy and Demand Charges. 7. Insofar as the Cross Subsidy Surcharges is concerned, Mr.A.Selvendran, learned counsel appearing for the respondent electricity board, produced a copy of the Amended Circular issued in Circular Memo No.Dir/O/SE/LD&GO/E1/ABT/F interstate/D 3144/11 dated 8.2.2011 by the Tamilnadu Transmission Corporation Limited which reads as follows:- "In continuation of the already issued circular memo vide reference (1) and (2) cited above it is stated that For the HT consumers who purchase power upto their sanctioned demand from power exchanges, traders and generators, the relevant cross subsidy surcharge as per clause 6.5 of TNERC order No.2 dt.15.05.2006 are temporarily waived until Restriction & Control measures are lifted. All S.Es./EDC are requested to adhere the above instructions strictly with immediate effect." 8. In view of the above amended circular dated 8.2.2011 issued by the Tamilnadu Transmission Corporation Limited, the impugned proceedings insofar as the Cross Subsidy Surcharge in bill is concerned is set aside. 9. Insofar as the levy of Evening Peak Energy and Demand Charges is concerned, as and when the petitioner makes a representation to the third respondent Superintending Engineer, the third respondent shall consider and dispose the same on its own merits and in accordance with law within a period of four weeks from the date of receipt of such representation along with a copy of this order. https://hcservices.ecourts.gov.in/hcservices/ 10. Both the Writ Petitions are ordered as above. No costs. Consequently, connected miscellaneous petitions are closed. sd/- Assistant Registrar True Copy// Sub Assistant Registrar ts To 1.The Chairman, Tamil Nadu Electricity Board, Chennai-600 002. 2.Director-Finance, Tamil Nadu Generation & Distribution Corporation Ltd., 144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Chennai Electricity Distribution Circle (CEDC) West, Anna Nagar, Chennai-40. 4.The Deputy Financial Controller, Chennai Electricity Distribution Circle (CEDC) West, Anna Nagar, Chennai-40. +1 CC to Mr.R.SaravanaKumar Advocate Sr 10664 +1 CC to Mr.A. Selvendran Advocate Sr 10576 Common Order in W.P.Nos.655 & 3341 of 2011 KSK-CO KV- 07/03/2011 https://hcservices.ecourts.gov.in/hcservices/