IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 2.3.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR WRIT PETITION NO.426 OF 2011 AND M.P.NOS.1 TO 4 OF 2011 M/s.Brakes India Limited, Padi, Chennai-600 050, Chennai District. ... Petitioner -Vs.- 1.Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), represented by its Director, 144, Anna Salai, Chennai-600 002. 2.Tamil Nadu Electricity Regulatory Commission (TNERC), represented by its Secretary, 19-A, Rukmani Lakshmipathy Salai, Marshalls Road, Egmore, Chennai-600 008. 3.The Superintending Engineer, Vellore Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Vellore-632 006. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent culminating in his impugned communication bearing Lr.No.Dir/F/FC/R/D.No. /10 dated 26.11.2010, quash the same and forbear the respondents 1 and 3 from levying, demanding and/or collecting the Cross Subsidy Surcharges from the petitioner for their H.T.S.C.No.1144, either through their monthly bills or otherwise, for purchase of energy from power exchanges and/or third party sources without obtaining the sanction of the second respondent. https://hcservices.ecourts.gov.in/hcservices/ For petitioner : Mr.Arun Anbumani For respondents : Mr.A.Selvendran O R D E R Writ Petition is filed praying to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent culminating in his impugned communication bearing Lr.No.Dir/F/FC/R/D.No. /10 dated 26.11.2010, quash the same and forbear the respondents 1 and 3 from levying, demanding and/or collecting the Cross Subsidy Surcharges from the petitioner for their H.T.S.C.No.1144, either through their monthly bills or otherwise, for purchase of energy from power exchanges and/or third party sources without obtaining the sanction of the second respondent. 2. Sri A.Selvendran, learned counsel appears for the respondents electricity board. By consent of both parties, the writ petition is taken up for final disposal. 3. The writ petition has been filed challenging the imposition of Cross Subsidy Surcharge, inter alia contending that the levy is arbitrary, unreasonable and has no basis. Petitioner has in the meanwhile submitted a memorandum/representation to the Government pending the writ petition requesting the Government to withdraw the levy of Cross Subsidy Surcharge. 4. Learned counsel appearing for the respondents 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." 5. In view of the above Amended Circular dated 8.2.2011 issued by the Tamilnadu Transmission Corporation Limited, the demand of Cross Subsidy Surcharge in respect of each one of the HT Consumer is https://hcservices.ecourts.gov.in/hcservices/ set aside. The respondents authorities are directed to adjust the amount, if any, paid by the HT Consumer/writ petitioner towards Cross Subsidy Surcharge, in the future current consumption bills. 6. The writ petition stands ordered as above. No costs. Consequently, connected miscellaneous petitions are closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ts To 1.The Director, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), 144, Anna Salai, Chennai-600 002. 2.The Secretary, Tamil Nadu Electricity Regulatory Commission (TNERC), 19-A, Rukmani Lakshmipathy Salai, Marshalls Road, Egmore, Chennai-600 008. 3.The Superintending Engineer, Vellore Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Vellore-632 006. W.P.No.426 of 2011 JRG(CO) RVL 22.03.2011 https://hcservices.ecourts.gov.in/hcservices/