1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.02.2011 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P(MD)Nos.345, 567, 346, 579, 895, 671 and 787 of 2011 and 14312 to 14317, 14307 to 14311, 14327 to 14332 of 2010 and M.P(MD)Nos.1 to 3 of 2010 and MP(MD)Nos.1 to 3 of 2011( In All W.Ps) M/s.Aruppukottai Sri Jeyavilas Ltd., Represented by its General Manager Gopal Dinakaran, HT SC No.68, 258, Thiruchuli Road, Aruppukottai. :Petitioner in WP(MD)No.345 of 2011 M/s.Sree Koppammal Cotton Spinning Mills(P) Ltd.,UNIT-II, Represented by its General Manager Gopal Dinakaran, HT SC No.257, Aruppukottai. :Petitioner in WP(MD)No.346 of 2011 M/s.Aruppukottai Shri Ramalinga Spinners Private Ltd, rep. By its Director T.R.D.Kothari, HTSC 199, Aruppukottai. :Petitioner in WP(MD)No.567 of 2011 M/s.Sree Jeya Soundharam Textile Mills Private Limited, Rep. By its Director T.R.D.Kothai, HTSC No.95, Perungudi Village, Madagupatti – 623 553, Sivagangai District. :Petitioner in WP(MD)No.579 of 2011 M/s.Divyalakshmi Textile(P) Ltd, Rep. By its Finance Manager N.Aravindan, HTSC No.269, Kulasekaranallur Village, Ramasamy Nager – 626 159. Thriuchuli Road, Aruppukottai. :Petitioner in WP(MD)No.895 of 2011 M/s.Tamilnadu Jaibharath Mills Ltd, Rep. By its Authorised Signatory S.Navanethakannan, HTSC No.156, Chidambaram Village, Sankarankovil Taluk, Tirunelveli District. :Petitioner in WP(MD)No.671 of 2011 M/s.Kalpana Cotton Mills, Rep. By its Manager-Administration, No.362, New Jail Road, Madurai–625001. :Petitioner in WP(MD)No.787 of 2011 S.A.Aanandan Spinning Mills., HTSC No.169, Post Box No.153, Srivilliputhur Road, Rajapalayam – 626 117. Virudhunagar District. Rep. By Electrical Manager S.Munisamy :Petitioner in WP(MD)No.14307 of 2010 Sree Ayyanar Spinning and Weaving Mills Ltd, HTSC No.28, Mallanginar, Virudhunagar-626109. Virudhunagar District rep. By its Manager(Finance)N.Selvaraj. :Petitioner in WP(MD)No.14308 of 2010 Sree Ayyanar Spinning and Weaving Mills Ltd, HTSC No.86, Mallanginar, Virudhunagar-626109. Virudhunagar District rep. By its Manager(Finance)N.Selvaraj. :Petitioner in WP(MD)No.14309 of 2010 https://hcservices.ecourts.gov.in/hcservices/ 2 Unnamalai Spinning Mills, HTSC No.240, Post Box No.153, Srivilliputhur Road, Rajapalayam – 626 117, Virudhunagar District. Rep.By its Electrical Manager S.Munisamy:Petitioner in WP(MD)14310 of 2010 Sri Jayajothi & Co. Ltd, HTSC No.315, Unit-II, 70, Alagar Nagar, Rajapalayam – 626117. Virudhunagar District. Rep. By its Manager B.Seenivasagam :Petitioner in WP(MD)No.14311 of 2010 Sri Saravana Spinning Mills (P) Ltd, HTSC No.52, Batlagundu Road, Pithalapatty, Dindigul – 624002. Dindigul District. Rep.By its Accounts Manager S.Palanivel :Petitioner in WP(MD)No.14312 of 2010 Sri Parameswari Spinning Mills, HTSC No.327, Unit-II, Great Cotton Road, Pandalgudi-626113. Virudhunagar District. Rep. By its General Manager G.Ravi :Petitioner in WP(MD)No.14313 of 2010 Nithin Textiles Pvt. Ltd. HTSC No.296, Batlagundu Road, Pithalapatty, Dindigul – 624002, Dindigul District. Rep.By its Accounts Manager S.Palanivel :Petitioner in WP(MD)No.14314 of 2010 Sri Saravana Spinning Mills Pvt. Ltd, HTSC No.179, Renganathapuram, Vedasandur, Dindigul District-624711. Rep.By its Accounts Manager S.Palanivel :Petitioner in WP(MD)No.14315 of 2010 Iswari Spinning Mills, HTSC No.229, Vedasandur, Dindigul – 624 710. Dindigul District. Rep.By its Manager P.Ponnusamy :Petitioner in WP(MD)No.14316 of 2010 Sri Parameswari Spinning Mills, HTSC No.249, Unit-I, Great Cotton Road, Pandalgudi-626113. Rep. By its General manager G.Ravi :Petitioner in WP(MD)No.14317 of 2010 Sri Jayajothi & Co. Ltd., HTSC No.9, No.70, Alagai Nagar, Rajapalayam-626117. Virudhunagar District. Rep. By its Manager B.Seenivasagam :Petitioner in WP(MD)No.14327 of 2010 Sri Jayajothi & Co. Ltd., HTSC No.228, No.70, Alagai Nagar, Rajapalayam-626117. Virudhunagar District. Rep. By its Manager B.Seenivasagam :Petitioner in WP(MD)No.14328 of 2010 Sri Jayajothi & Co. Ltd., HTSC No.170, Industrial Estate, Sulakarai, Virudhunagar – 626 003. Virudhunagar District. Rep. By its Manager B.Seenivasagam :Petitioner in WP(MD)No.14329 of 2010 https://hcservices.ecourts.gov.in/hcservices/ 3 Sri Jayajothi Textiles Mills(P) Ltd, HTSC No.117, Reddiapatti Road, Keelarajakularaman, Rajapalayam-626136. Virudhunagar District. Rep. By its Manager R.Muthuraj :Petitioner in WP(MD)No.14330 of 2010 SRF Limited, HTSC No.22, Vadugapatti, Viralimalai, Pudukottai-621316. Rep.By its Authorised Signatory A.R.Rajesh:Petitioner in WP(MD)No.14331/10 Sri Jayajothi Textiles Mills(P) Ltd, HTSC No.145, Reddiapatti Road, Keelarajakularaman, Rajapalayam-626136. Virudhunagar District. Rep. By its Manager R.Muthuraj :Petitioner in WP(MD)No.14332 of 2010 -Vs- The Tamilnadu Generation and Distribution Corporation Limited, (TANGEDCO), Represented by its Chairman, 144, Anna Salai, Chennai. Tamilnadu Electricity Regulatory Commission, Rep. by its Secretary, 19-A, Rukmini Lakshmipathy Salai, Egmore, Channai-8. :Respondents 1&2 in all the Petitions The Chief Financial Controller/Revenue, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-2. :3rd Respondent in WP(MD)Nos.345,346,567,579,895&671/11 The Superintending Engineer, Virudhunagar Electricity Distribution Circle, Tamil Nadu Electricity Board, Virudhunagar. :4thRespondent in WP(MD)Nos.345,346,567&895/11 The Superintending Engineer, Sivagangai Electricity Distribution Circle, Tamilnadu Electricity Board,Sivagangai. :4th Respondent in WP(MD)No.579/11 The Superintending Engineer, Tirunelveli Electricity Distribution Circle, Tamilnadu Electricity Board,Tirunelveli :4th Respondent in WP(MD)No.671/11 The Superintending Engineer, Madurai Distribution Circle/Metro, Tamilnadu Generation and Distribution Corporation Limited (TANGEDCO), K.Pudur, Madurai-7. :3rd Respondent in WP(MD)No.787/11 The Superintending Engineer, Virudhunagar Electricity Distribution Circle, Tamilnadu Electricity Board, Virudhunagar. :3rd Respondent in WP(MD)No.14307, 14308, 14310, 14311, 14313, 14317, 14327 to 14330 and 14332/10 The Superintending Engineer, Madurai Electricity Distribution Circle, Tamilnadu Electricity Board, Madurai. :3rd Respondent in WP(MD)No.14309/10 https://hcservices.ecourts.gov.in/hcservices/ 4 The Superintending Engineer, Dindigul Electricity Distribution Circle, Tamilnadu Electricity Board, Dindigul. :3rd Respondent in WP(MD)No.14312, 14314 to 14316/10 The Superintending Engineer, Pudukottai Electricity Distribution Circle, Tamilnadu Electricity Board,Pudukottai. :3rd Respondent in WP(MD)No.14331/10 WP(MD)Nos.345,346 & 567/11:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned circular/Memo in Lr.No.Dir/F/FC/R/D.No/10/Dt 26.11.2010 issued by the respondents and quash the same as illegal and arbitrary and consequently forbear the 1st, 3rd and 4t respondents from levying, demanding and/or collecting cross subsidy surcharges from the petitioner for purchase of energy from power exchanges and/or third party sources as also from its own sources. WP(MD)No.579/11:Writ Petition filed under article 226 of the constitution of India to issue a writ of certiorarified mandamus calling for the records relating to the impugned circular/memo in Lr.No.Dir/F/FC/R/ D.No./10/Dt.26/11/2010 and the consequential circular memo No.Dir/O/SE/ LD&GO/EE/ABT/F interstate/D2904/10 dated 21.12.2010 issued by the 3r respondent and quash the same as illegal and arbitrary and consequently forbear the 1st, 3rd and 4th respondents from levying, demanding and/or collecting cross subsidy surcharges from the petitioner for purchase of energy from power exchanges and/or third party sources as also from its own sources. WP(MD)Nos.895,671/11:Writ Petition filed under article 226 of the constitution of India to issue a writ of certiorarified mandamus calling for the records relating to the impugned circular/memo in Lr.No.Dir/F/FC/R/ D.No./10/Dt.26/11/2010 and the consequential circular memo No.Dir/O/SE/ LD&GO/EE/ABT/F interstate/D2904/10 dated 21.12.2010 issued by the respondents and quash the same as illegal and arbitrary and consequently forbear the 1st, 3rd and 4th respondents from levying, demanding and/or collecting cross subsidy surcharges from the petitioner for purchase of energy from power exchanges and/or third party sources as also from its own sources. WP(MD)Nos.787/11:Writ Petition filed under article 226 of the constitution of India to issue a writ of certiorarified mandamus calling for the records of the 1st respondent culminating in his impugned communication bearing Lr.No.Dir/F/FC/R/D.No./10/Dt.26/11/2010, and quash the same, and forbear the respondents 1 and 3 from levying, demanding and/or collecting cross subsidy surcharges from the petitioner mill for their HTSC No.81 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 2nd respondent. WP(MD)Nos.14307 to 14317/10, 14327 TO 14332/10:Writ Petition filed under article 226 of the constitution of India to issue a writ of certiorarified mandamus calling for the records of the 1st respondent vide his circular in Lr.No.Dir/F/FC/R/D.No./10/Dt.26/11/2010, quash the same as arbitrary and illegal and consequently forbear the 1st and 3rd respondents from levying, demanding and/or collecting cross subsidy surcharges from the petitioner for https://hcservices.ecourts.gov.in/hcservices/ 5 purchase of energy from power exchanges and/or third party sources as also from its own sources. For Petitioner in W.P.Nos.345,567,346,579,895,671/2011:Mr.S.Karunakar For petitioner in W.P.Nos.14312 to 14317, 14307 to 14311 & 14327 to 14332/2010 :Mr.R.S.Pandiyaraj For Petitioner in W.P.No.787/2011 :Mr.S.Sethuraman For Respondents in all Petitions :Mr.M.Suresh Kumar ORDER The Writ petitions relate to collection of cross subsidy surcharge by the Tamil Nadu Electricity Board. 2.The learned standing counsel for the Electricity Board has produced a circular, dated 08.02.2011 indicating that the Electricity Board has taken a decision to waive the collection of cross subsidy surcharge. The circular reads thus: "Circular Memoo No.Dir/O/SE/LD&GO/EE/ABT/F interstate/D3144/11 dt 08.02.2011 Sir, Sub:Elecy - Power Purchase by HT consumers from generators, Power Exchanges and through traders up to their sanctioned demand to their HT service under short term open access transactions - amendment - Reg. Ref:1.Circular Memo No.Dir/O/SE/LD&GO/EE/ABT/F interstate/D 2048/10 dt 30.09.10. 2.Circular Memo No.Dir/O.SE/LD&GO/EE/ABT/F interstate/D 2904/10 dt 21.12.10. 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 surcharges as per clause 6.5 of TNERC order No.2 dt 15.05.2006 are temporarily waived until Restriction & Control measures are lifted. All SEs/EDC are requested to adhere the above instructions strictly with immediate effect." 3.The learned standing counsel for the respondents submitted that in view of the circular, dated 08.02.2011, nothing survives in the Writ petitions inasmuch as the Electricity Board has withdrawn the impugned proceedings. The said submission is recorded. 4.Since the Electricity Board has withdrawn the proceedings impugned in the Writ petitions on the basis of the Circular, dated 08.02.2011, no further orders are necessary in the Writ petitions. 5.In the result, all the Writ petitions are dismissed as infructuous No Costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (P&A) / TRUE COPY / Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 6 To: 1.The Chairman, Tamilnadu Generation and Distribution Corporation Limited, (TANGEDCO), 144, Anna Salai, Chennai. 2.The Secretary, Tamilnadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai, Egmore, Channai-8. 3.The Chief Financial Controller/Revenue, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-2. 4.The Superintending Engineer, Virudhunagar Electricity Distribution Circle, Tamil Nadu Electricity Board, Virudhunagar. 5.The Superintending Engineer, Sivagangai Electricity Distribution Circle, TNEB, Sivagangai. 6.The Superintending Engineer, Tirunelveli Electricity Distribution Circle, TNEB, Tirunelveli. 7.The Superintending Engineer, Madurai Electricity Distribution Circle/Metro, Tamilnadu Generation and Distribution Corporation Limited (TANGEDCO), K.Pudur, Madurai-7. 8.The Superintending Engineer, Madurai Electricity Distribution Circle, TNEB, Madurai. 9.The Superintending Engineer, Dindigul Electricity Distribution Circle, TNEB, Dindigul. 10.The Superintending Engineer, Pudukottai Electricity Distribution Circle, TNEB, Pudukottai. +6CC to Mr.S.Karunakar, Advocate. SR.Nos.5306 to 53011. +3CC to Mr.R.S.Pandiyaraj, Advocate. SR.Nos.5345 5o 5347. ORDER WP(MD)NOS.345,346,567,579,895,671, 787/11, 14312 TO 14317, 14307 TO 14311, 14327 TO 14332 OF 2010 Order Dated:10.02.2011. Dismissing the writ petitions as infructuous as stated within. RP/02.05.2011/6P/20C. https://hcservices.ecourts.gov.in/hcservices/