IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 2.3.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.4290, 4312, 4316, 2773, 2776, 2906, 3019, 3024, 3025, 3163 to 3167, 3484 to 3492, 3637, 3790, 3791, of 2010 and M.P.No.1 of 2010 in all Writ Petitions and M.P.No.2 of 2010 in W.Nos.4290 and 4316 of 2010 M/S.SALEM KANDAA TEXTILE MILLS (P) LTD., REPRESENTED BY THE MANAGING DIRECTOR, 50, NEW TRICHY MAIN ROAD, GUGAI-636 006, SALEM DISTRICT ...PETITIONER IN W.P.NO.4290/10 SATHYA TRADERS HTSC NO.241 2/41-A WATERTANK STREET PERUMAGOUNDAMPATTY EELAMPILLAI SALEM-14 REP. BY ITS MANAGER V.P.SEKAR ..Petitioner in WP 4312/2010 M/S. SHRI BALAJI STEEL INDUSTRIES REP. BY ITS PARTNER E. VENKATACHALAM NO.141/4 THATCHUR VILLAGE PANJETTY POST PONNERI TALUK THIRUVALLUR DISTRICT. ..Petitioner in WP 4316/2010 SUBADRA SPINNING MILLS (P) LTD HTSC NO.23 VINNAVANUR-600 704 CHENGAM TALUK THIRUVANNAMALAI DISTRICT REP. BY ITS MANAGER N.RAJAVELU. ..Petitioner in WP 2773,2906 /2010 NISHAN KISHAN SPINNING MILLS (P) LTD HT SC NO.32 PONNAGAR PRATHIKARANPATTI ANDIPATTY THENI REP BY ITS MANAGER K. THIRUPATHI. ..Petitioner in WP 2776/2010 BOJARAJ TEXTILE MILLS LTD. HT SC NO.03 SITALAKSHMI MILLS PREMISES TIRUNAGAR MADURAI REPD. BY ITS DIRECTOR M. K.KALADHAR BABU. ..Petitioner in WP 3019/2010 https://hcservices.ecourts.gov.in/hcservices/ RUBBER DUST (INDIA) PVT. LTD HT SC NO.32 SIDCO INDUSTRIAL ESTATE ANDIPATTY THENI REPD. BY ITS MANAGING DIRECTOR M.HAREES. ..Petitioner in WP 3024/2010 AYYAPPAN TEXTILES LTD HTSC NO.006 ACHUDUNTHAN VAYAL RAMNAD REPD. BY ITS MANAGER S.SIVAKUMAR. ..Petitioner in WP 3025/2010 SALEM TEXTILES LTD B UNIT HTSC NO.59 SELLIAMPALAYAM NARASINGAPURAM PO ATTUR TK SALEM-636 108 REP. BY ITS GENERAL MANAGER N.HARINARASIMHAN. ..Petitioner in WP 3163/2010 A.K.C.T. CIDAMBARAM COTTON MILLS (P) LTD HT SC NO.43 MANGALAM POST THIRUVANNAAMALAI -606 752. REP. BY ITS MANAGING DIRECTOR A.L.CHIDAMBARAM. ..Petitioner in WP 3164/2010 JEEVAREKHA TEXTILES, HT SC NO.63 PLOT NO.5,6,7/SIDCO INDUSTRIAL ESTATE, ANDIPATTY, THENI REPD.BY ITS MANAGER K.VELMURUGAN ..Petitioner in WP 3165/2010 G.G.N.SPINNING MILLS (P) LTD., B UNIT, HT SC NO.44, MADURAPURI, PERIYAKULAM ROAD, THENI ROAD, BY ITS GENERAL MANAGER R.RAJENDRAN ..PETITIONER IN WP.NO.3166 OF 2010 KANAGA DURGA CLOTHERS, HT SC. NO.96 NO.121, SIDCO INDUSTRIAL ESTATE, KAPPALUR, THIRUMANGALAM, MADURAI, REP.BY ITS MANAGING DIRECTOR A.N.NATARAJAN ..PETITIONER IN WP.NO.3167 OF 2010 https://hcservices.ecourts.gov.in/hcservices/ SUNDARAM TEXTILES LTD., HT SC NO.203, THERKU THERU, MELUR ROAD, MELUR MADURAI, REP.BY ITS MANAGER N.SUNDARARAJAN ..PETITIONER IN WP.NO.3484 OF 2010 SREE ABIRAMI TEXTILES (P) LTD., HT SC NO.202 NO.31, SIDCO INDUSTRIAL ESTATE, KAPPALUR, MADURAI, REP.BY ITS DIRECTOR N.MURUGAPPAN ..PETITIONER IN WP.NO.3485 OF 2010 PARAGAN PAPER (PVT) LTD., HT SC NO.42, PERUMALGOUNDANPATTY, BODI, THENI, REP.BY ITS DIRECTOR R.RAJKUMAR ..PETITIONER IN WP.NO.3486 OF 2010 SIVA COTTON MILLS INDIA (P) LTD, HT SC NO. 138, T.KUNNATHUR, PERAIYUR TK, MADURAI, REP BY ITS MANAGING DIRECTOR P.NAGARAJAN ..PETITIONER IN WP.NO.3487 OF 2010 SRI JANA JOHNSON SPINNING MILLS (P) LTD, HT SC NO.107, THERKUTHERU, MELUR TALUK, MADURAI, REP.BY ITS MANAGER M.BALASUBRAMANIAN ..PETITIONER IN WP.NO.3488 OF 2010 SRI REGUPATHI SPINNERS, HT SC NO.178, NO.3/80, VIRUDHUNAGAR MAIN ROAD, THIRUMANGALAM (P.O.), MADURAI, REP. BY ITS PARTNER K.NARAYANASAMY ..PETITIONER IN WP.NO.3489 OF 2010 https://hcservices.ecourts.gov.in/hcservices/ J.T.FABRICS (PVT) LTD, HT SC NO.195, NO.150/2 & 166/4, CHITTALANGUDI, VADIPATTY TALUK, SAMAYANALLUR, MADURAI, REP. BY ITS MANAGING DIRECTOR MANOJ R. SHAH ..PETITIONER IN WP.NO.3490 OF 2010 SUNDARAM TEXTILES LTD, B-UNIT HT SC NO.51, MARUTHUR ROAD, THERKU THERU, MEELUR TALUK, MADURAI, REP. BY ITS MANAGER N.SUNDARARAJAN. ...PETITIONER IN WP.NO.3491/2010 SHRI SHAHANA INDUSTRIES PVT LTD, HT SC NO.186, NO.58, SIDCO INDUSTRIAL ESTATE, KAPPALUR, MADURAI, REP. BY ITS MANAGER V.SOUNDARAH RAJESH. ...PETITIONER IN WP.NO.3492/2010 KANNAPPAN TEXTILE MILL PVT.LTD HT SC NO. 209 S.NO. 23-24 AND D.149 SIDCO INDUSTRIAL ESTATE, KAPPALUR MADURAI MANAGER, S. RAHIMBABU ...PETITIONER IN WP.NO.3637/2010 THAMBBI MODERN SPINNING MILLS (P) LTD, UNIT-1, HTSC NO.36, OMALUR ROAD, JAGIR AMMAPALAYAM, SALEM-636302, REP BY ITS MANAGER P.RAJASEKARAN. ...PETITIONER IN WP.NO.3790/2010 THAMBBI DELTAA DYEING PLANT, HTSC NO.158, KOMBAIPATTI VILLAGE, CHINNAKOLLAPATTI (PO), SALEM, REP BY ITS MANAGER P.RAJASEKARAN. ...PETITIONER IN WP.NO.3791/2010 -Vs.- 1.The State of Tamil Nadu, represented by the Secretary, Department of Energy, Fort St. George, Chennai-600 009. ...I Respondent in W.P.NO.4290/2010 https://hcservices.ecourts.gov.in/hcservices/ 2.The Tamil Nadu Electricity Board, represented by its Chairman, New No.114 (Old No.800), Anna Salai, Chennai-600 002. ...2nd Respondent in W.P.Nos.4290, 4312, 4316, 2773 2776, 2906, 3019, 3024, 3025, 3163 to 3167, 3484 to 3492, 3637, 3790, 3791, of 2010 3.The Superintending Engineer, TNEB – Salem Electricity Distribution Circle, Salem-14. ...3rd Respondent in W.P.Nos.4290, 4312/2010, 3163, 3790 and 3791/2010 The Superintending Engineer Tamilnadu Electricity Board Chennai Electricity Distribution Circle (North) Chennai-600 002 .. 3rd Respondent in WP No.4316/10 The Superintending Engineer, Thiruvannamalai Electricity Distribution Circle, Tamilnadu Electricty Board, Thiruvannamalai .. 3rd Respondent in WP No.2773, 2906, 3164/10 The Superintending Engineer Theni Electricity Distribution Circle, Tamil Nadu Electricty Board, Theni .. 3rd Respondent in WP No.2776, 3019, 3024, 3165, 3166,3486/10 The Superintending Engineer Ramnad Electricity Distribution Circle, Tamilnadu Electricity Board, Ramnad .. 3rd Respondent in WP No.3025/10 The Superintending Engineer Madurai Electricity Distribution Circle, Tamilnadu Electricity Board, Madurai ..3rd Respondent in WP No.3167, 3484,3485,3487,3488,3489 to 3492, 3637 of 2010 https://hcservices.ecourts.gov.in/hcservices/ 4.Tamil Nadu Electricity Regulatory Commission, represented by its Secretary, 19-A Rukmani Laksmipathy Salai, (Marshalls' Road,), Egmore, Chennai-600 008. ...4th Respondent in W.P.No.4290/2010 and I Respondent in W.P.Nos.4312, 4316, 2773, 2776, 2906, 3019, 3024, 3025, 3163 to 3167, 3484 to 3492, 3637, 3790 and 3791 of 2010 Writ Petition No.4290 of 2010 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records of the third respondent in Lr.No.SE/SEDC/AOR/HT/F.Penal charges/D.No.505-1/10 dated 18.2.2010 and quash the same in so far as it relates to the levy of penalty for allegedly exceeding quota during evening peak hours from 12/2008 to 08/2009 as illegal, arbitrary, without the authority of law and against the orders of the fourth respondent made in Miscellaneous Petition No.42 of 2008 dated 28.11.2008 and pass such further or other orders as this High court may deem fit. (2)calling for the records of the 3rd respondent in his Notice Lr.No.SE/SEDC/AOR/HT/F. Penal charges (a)D.No.422/10 dated 18/2/2010 (b)D.No.475-1/10 dated 08.02.10 and quash the same in so far as it relates to levy of penalty for exceeding quota during evening peak hour as illegal, arbitrary, without the authority of law and against the orders of the 1st respondent made in Miscellaneous Petition No.42 of 2008 dated 28.11.2008 more specifically made in paragraph 33 (WP.No.4312, 3163 of 2010) (3)Calling for the records of the 3rd Respondent in his Lr.No. SE/CEDC/N/DFC/ HT.No.1725/D 432/09 dt. 18.12.2009 quash the same in so far as it relates to levy of penalty for exceeding quota during evening peak hour as illegal, arbitrary, without authority of law and against the orders of the 1st Respondent made in Miscellaneous Petition No.42 of 2008 dated 28.11.2008 (WP.NO.4316 of 2010) (4)Calling for the records of the 3rd respondent in his Notice Lr.No.SE/TEDC/DFC/AO/ Rev/AS/RCS/A1/F.HT/D.454/2010 dt 1.2.2010 and quash the same in so far as it relates to levy of penalty for exceeding quota during evening peak hour as illegal, arbitrary, without the authority of law and against the orders of the 1st respondent made in Miscellaneous Petition No.42 of 2008 more specifically made in paragraph 33 (WP.No.2773, 2906 of 2010) https://hcservices.ecourts.gov.in/hcservices/ (5) Calling for the records of the 3rd respondent in his notice Lr.No.SE/TEDC/TNI/DFC/AS/HT/A1/D.NO.875/10, dated nil and quash the same in so far as it relates to levy of penalty for exceeding quota during evening peak hour as illegal, arbitrary, without the authority of law and against the orders of the 1st respondent made in miscellaneous petition No.42 of 2008, dated 28.11.2008 more specifically made in paragraph 33 (W.P.2776, 3019, 3024, 3165, 3166, 3486 of 2010) 6. Calling for the records of the 3rd respondent in his notice a)Lr.No.SE/REDC/RMD/DFC/R/RCS/AS/AS/Amt/F.R & C/D.No.1083/2010, dated 6.2.2010 (b) Lr.No.SE/TEDC/DFC/AO/REV/AS/RCS/A1/F.HT/D451/2010 dt.28.1.2010 (c) Lr.No.SE/MEDC/DFC/MDU/HT/AS/A1 & A2/F.PEAK Hour/D.No./146/10, dated 10.2.2010 (d)Lr.No.SE/MEDC/DFC/MDU/HT/AS/A1 & A2 F PEAK HOUR/D.NO./ D.NO. 145/10 dated 9.2.2010 (e)Lr.No.SE/MEDC/DFC/MDU/HT/AS/A1 & A2 F PEAK HOUR/D.NO. /D.NO . 146/10 dated 10.2.2010 (f)Lr.No.SE/MEDC/DFC/MDU/HT/AS/A1 & A2 F PEAK HOUR/D.NO./ D.NO. 146/10 dated 10.2.2010 (g)Lr.No.SE/MEDC/DFC/MDU/HT/AS/A1 & A2 F PEAK HOUR /D.NO. / D.NO.145/10 dated 9.2.2010 (h)Lr.No.SE/MEDC/DFC/MDU/HT/AS/A1 & A2 F PEAK HOUR /D.NO./ D.NO.146/10 dated 10.2.2010 (i)Lr.No.SE/MEDC/DFC/MDU/HT/AS/A1 & A2 F PEAK HOUR /D.NO./ D.NO.145/10 dated "nil" (J)lr.No.SE/MEDC/DFC/MDU/HT/AS/A1 & A2 F PEAK HOUR/ D.NO./ D.NO.145/10 dated 9.2.2010 (k)Lr.No.SE/MEDC/DFC/MDU/HT/AS/A1 & A2 F PEAK HOUR /D.NO. / D.NO.146/10 dated 10.2.2010 (L)Lr.No.SE/MEDC/DFC/MDU/HT/AS/A1 & A2 F PEAK HOUR /D.NO./ D.NO.146/10 dated 10.2.2010 (M)Lr.No.SE/MEDC/AOR/HT/F.Penal Charges/D.No.466-1/10, dated 9.2.2010 https://hcservices.ecourts.gov.in/hcservices/ (N) Lr.No.SE/SEDC/AOR/HT/F.Penal Charges /D.No.473-1/10, dated 9.2.2010 respectively. and quash the same in so far as it relates to levy of penalty for exceeding quota during evening peak hour as illegal, arbitrary, without the authority of law and against the order of the 1st Respondent made in miscellaneous petition No.42 of 2008 dated 28.11.2008, more specifically made in paragraph 33. (W.P.No.3025, 3164, 3167, 3484, 3485,3487 to 3492, 3637, 3790 and 3791 of 2010) For Petitioner in WP.No.4290 of 2010 : Mr.S.Sivanandam For Petitioner in WP.4312,2773,2776,2906, 3019,3024,3025,3163 to 3167 3484 to 3492,3637,3790 and 3791 of 2010 : Mr.R.S.Pandiyaraj For Petitioner in WP.No.4316 of 2010 : M/s.R.Hemalatha For Respondents: R1 : in all petitions - No appearance 2nd Respondent in all Writ Petitions : Mr.Selvendran 3rd Respondent in WP.No.4316/10 : Mr.Selvendran 3rd Respondent in WP.4290,4312,3163/10 3790 and 3791/10 : Mr.J.Ravindran 3rd Respondent in WP.Nos. 2773,2776,2906,3019, 3024,3025,3163 to 3167, 3484 to 3492,3637,3790 and 3791 of 2010 : Mr.P.Srinivasan https://hcservices.ecourts.gov.in/hcservices/ COMMON ORDER All the 26 Writ Petitions are filed challenging the penal charges levied. 2. This Court had an occasion to consider the claims of similar consumers in W.P.No.2372 of 2010 and by order dated 10.2.2010 this Court passed orders directing the Registry to transfer the Writ Petitions and the records to the Tamil Nadu Electricity Regulatory Commission, Chennai, forthwith. The Tamil Nadu Electricity Regulatory Commission, Chennai was directed to dispose off the issue on merits within a period of fifteen days thereafter. Pending consideration of the issue by the Tamil Nadu Electricity Regulatory Commission, Chennai, this Court further directed that the demand orders passed by the Electricity Board should be kept in abeyance. The relevant portion of the order passed in W.P.No.2372 of 2010 reads as follows:- "5. In view of such submission being made, on behalf of the parties concerned, the Registry is directed to transfer all the connected writ petitions, along with the relevant records, to the Tamil Nadu Electricity Regulatory Commission, Chennai, forthwith. On such transfer being made, the Tamil Nadu Electricity Regulatory Commission, Chennai, is directed to consider the issues raised in the writ petitions and to pass appropriate orders thereon, within a period of fifteen days thereafter, on merits and in accordance with law, after giving an opportunity of hearing to the petitioner, as well as to the respondent Tamil Nadu Electricity Board. The petitioner shall cooperate in the proceedings to be conducted by the Tamil Nadu Electricity Regulatory Commission, Chennai. 6. Till the Tamil Nadu Electricity Regulatory Commission, Chennai, passes the orders, as directed by this Court, the demand orders passed by the respondent Tamil Nadu Electricity Board shall be kept in abeyance. The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed." https://hcservices.ecourts.gov.in/hcservices/ 3. It is now stated that as directed by this Court as above, many of the matters are before the Tamil Nadu Electricity Regulatory Commission, Chennai. Therefore, the present writ petitions can also be transferred to the Tamil Nadu Electricity Regulatory Commission, Chennai on the same terms. 4. In such view of the matter, all the 26 Writ Petitions are ordered on the terms and conditions as ordered by this Court on 10.2.2010 in W.P.No.2372 of 2010. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. ts To 1.The Secretary, Department of Energy, Fort St. George, Chennai-600 009. 2.The Chairman, Tamil Nadu Electricity Board, New No.114 (Old No.800), Anna Salai, Chennai-600 002. 3.The Superintending Engineer, TNEB – Salem Electricity Distribution Circle, Salem-14. 4.Tamil Nadu Electricity Regulatory Commission, represented by its Secretary, 19-A Rukmani Laksmipathy Salai, (Marshalls' Road,), Egmore, Chennai-600 008. 5. The Superintending Engineer Tamilnadu Electricity Board Chennai Electricity Distribution Circle (North) Chennai-600 002 https://hcservices.ecourts.gov.in/hcservices/ 6.The Superintending Engineer, Thiruvannamalai Electricity Distribution Circle, Tamilnadu Electricty Board, Thiruvannamalai 7.The Superintending Engineer Theni Electricity Distribution Circle, Tamil Nadu Electricty Board, Theni 8.The Superintending Engineer Ramnad Electricity Distribution Circle, Tamilnadu Electricity Board, Ramnad 9.The Superintending Engineer Madurai Electricity Distribution Circle, Tamilnadu Electricity Board, Madurai Copy to The Section Officer Writ Section, High Court, Madras. 4 ccs to Mr.J. Ravindran, Advocate, SR. 14921 to 14924 1 cc to the Government Pleader, Sr. 14517 1 cc to Mr.S. Sivanandam, Advocate, Sr. 14197 24 ccs to MR.R.S. Pandiyaraj, Advocate, SR. 14713 to 14727, 14730 to 14737 and 14895 1 cc to M/s. R. Hemalatha, Advocate, SR. 14072 W.P.Nos.4290 4312, 4316, 2773, 2776, 2906, 3019, 3024, 3025, 3163 to 3167, 3484 to 3492, 3637,3790, 3791 of 2010 KSK (CO) kk ,km,gsk,sr,rh,rvl,sra 24/3 https://hcservices.ecourts.gov.in/hcservices/