IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-12-2008 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.761 of 2003 Nammalvar President, Balrajapuram Small Farmers Lift Irrigation Society Renganathanpuram, Karur District. .. Petitioner. Versus 1.The Chairman Tamil Nadu Electricity Board, Anna Salai, Chennai-600 002. 2.The Assistant Engineer, (Operation & Maintenance) Tamil Nadu Electricity Board, Puliyur, Karur District. 3.The Junior Engineer, (Operation & Maintenance) West, Tamil Nadu Electricity Board, Puliyur, Karur District. .. Respondents. Prayer: This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling upon the records in Lr.No.A.E/O&M/Puliyur/Ko.Va.P/No.147/2002, dated 13.11.2002, issued by the third respondent herein and quash the same. For Petitioner : Mr.A.S.Balaji For Respondents : Mr.P.Srinivas (TNEB) O R D E R Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 2. It has been stated that the petitioner has filed the present writ petition as the President of Balrajapuram Small Farmers Lift Irrigation Society, Karur District. The writ petition https://hcservices.ecourts.gov.in/hcservices/ has been filed challenging the impugned proceedings of the second respondent, dated 13.11.2002, demanding the payment of Rs.30,000/- towards the electricity charges for the past three years at Rs.250/- per horse power and to pay a sum of Rs.250/- per horse power per annum every six months in the months of August and February of each year. 3. It has been further stated that the petitioner Society has nearly 65 members who are small farmers. Due to the impugned proceedings of the second respondent the members of the petitioner Society would be adversely affected as the said proceedings is retrospective in operation. The said proceedings is arbitrary, illegal and without jurisdiction, as it has been issued without issuing the necessary notice to the members of the petitioner Society. Since it is only the Tamilnadu Electricity Regulatory Commission which has the powers to fix the tariffs and for collection of the amounts due from the consumers, the respondents do not have any authority or power to issue orders for fixing the tariff and for collecting the same. 4. No counter affidavit has been filed on behalf of the respondents. 5. The main contention of the learned counsel for the petitioner is that the impugned proceedings of the second respondent, dated 13.11.2002, is arbitrary and without jurisdiction, as it has been issued without giving an opportunity to the members of the petitioner Society before revising the electricity tariff applicable to them, with retrospective effect. 6. The learned counsel appearing on behalf of the respondents has not been in a position to show that the impugned proceedings of the second respondent, dated 13.11.2002, has been issued after giving an opportunity to the members of the petitioner Society to put forth their case. It has not been shown that prior notices had been issued to the members of the petitioner Society before revising the electricity tariff applicable to them. Further, no records had been placed before this Court to show that the second respondent has the power or the authority to issue the impugned proceedings, dated 13.11.2002. 7. In such circumstances, the impugned proceedings of the second respondent, dated 13.11.2002, is quashed in so far as it demands the payment of Rs.30,000/- being the electricity charges for three years preceding the date of the issuance of the said proceedings. However, the members of the petitioner Society would be liable to pay the revised tariff applicable to them from the date of the impugned proceedings, dated 13.11.2002. However, It is open to the appropriate authorities to fix the electricity tariff for the preceding years, after issuing the necessary notices to the members of the petitioner Society and after giving them an https://hcservices.ecourts.gov.in/hcservices/ opportunity to put forth their case in accordance with law. The writ petition is ordered accordingly. No costs. Csh Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To 1.The Chairman Tamil Nadu Electricity Board, Anna Salai, Chennai-600 002. 2.The Assistant Engineer, (Operation & Maintenance) Tamil Nadu Electricity Board, Puliyur, Karur District. 3.The Junior Engineer, (Operation & Maintenance) West, Tamil Nadu Electricity Board, Puliyur, Karur District. + 1 cc to Mr. A. S. Baalaji, Advocate SR No.68649 BK(CO) SR/13.2.2009 W.P.No.761 of 2003 https://hcservices.ecourts.gov.in/hcservices/