IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 15.2.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition Nos.3696 to 3698 of 2011 and M.P.Nos.1 to 3 of 2011( 9 petitions) M/s. Sundaram Fasterners Ltd., HT SC No.1396, F8 & F10 Industrial Complex, Gummuidipoondi, Chennai 601 201, represented by its President, S.V.Mahesh ... Petitioner (WP No.3696/2011) M/s. Sundaram Fasterners Ltd., HT SC No.1766, Plot No. F22 SIPCOT, Gummuidipoondi, Chennai 601 201, represented by its President, S.V.Mahesh ... Petitioner (WP No.3697/2011) M/s. Sundaram Fasterners Ltd., Autolec Division, HT SC No.1688, B32, Bearing Plant SIPCOT, Gummuidipoondi, Chennai 601 201, represented by its President, S.V.Mahesh ... Petitioner (WP No.3698/2011) -Vs.- 1. Tamil Nadu Electricity Board represented by its Chairman, 144, Anna Salai, Chennai-600 002. https://hcservices.ecourts.gov.in/hcservices/ 2. TANGEDCO, represented by its Director/Finance, 144 Anna Salai, Chennai-600 002. 3. The Superintending Engineer, Chennai Electricity Distribution Circle/North, 144 Anna Salai, Chennai-600 002. ... Respondents Writ Petition No.27983 of 2010 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the second proposed in its impugned communication in Lr.No.Dir/F/FC/R/D.No. /10 dated 26.11.2010, and the clarification in Lr.No.Dir/F/FC/R/D.No. /10 dated 21.12.2010, as also consequent bill No.1396, 1766 and 1688 respectively dated 31.1.2011 for the month of January 2011 insofar as it relates to levy of cross subsidy surcharge and quash the same as being arbitrary and illegal and consequently direct the respondents to continue to permit the petitioner to avail supply of power from third party sources as also from its own sources without levying cross subsidy surcharge till such time restriction and control measures are withdrawn. For petitioner : Mr.K. Seshadri For respondents : Mr.A.Selvendran COMMON ORDER These writ petitions are filed to call for the records of the second proposed in its impugned communication in Lr.No.Dir/F/FC/R/D.No. /10 dated 26.11.2010, and the clarification in Lr.No.Dir/F/FC/R/D.No. /10 dated 21.12.2010, as also consequent bill No.1396, 1766 and 1688 respectively dated 31.1.2011 for the month of January 2011 insofar as it relates to levy of cross subsidy surcharge and quash the same as being arbitrary and illegal and consequently direct the respondents to continue to permit the petitioner to avail supply of power from third party sources as also from its own sources without levying cross subsidy surcharge till such time restriction and control measures are withdrawn. 2. Sri K. Seshadri learned counsel appears for the petitioners. Sri A.Selvendran , learned counsel appears for the respondents electricity board. https://hcservices.ecourts.gov.in/hcservices/ 3. The relief sought for in all the three Writ Petitions are one and the same. Hence, by consent of all parties, all the writ petitions are taken up together for final disposal. 4. All these writ petitions have been filed challenging the imposition of Cross Subsidy Surcharge, inter alia contending that the levy is arbitrary, unreasonable and has no basis. Petitioners have in the meanwhile submitted a memorandum/representation to the Government pending the writ petitions requesting the Government to withdraw the levy of Cross Subsidy Surcharge. 5. 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." 6. 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 set aside. The respondents authorities are directed to adjust the amount, if any, paid by the HT Consumers/writ petitioners towards Cross Subsidy Surcharge, in the future current consumption bills. 7. All the three writ petitions are ordered as above. No costs. Consequently, connected miscellaneous petitions are closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ra https://hcservices.ecourts.gov.in/hcservices/ To 1. The Chairman, Tamil Nadu Electricity Board 144, Anna Salai, Chennai-600 002. 2. The Director/Finance, TANGEDCO, 144 Anna Salai, Chennai-600 002. 3. The Superintending Engineer, Chennai Electricity Distribution Circle/North, 144 Anna Salai, Chennai-600 002. 1 cc To M/s.Seshadri, Advocate, SR.11394 Common Order in W.P.Nos.3696 to 3698 of 2011 MG (CO) RH (28.2.11) https://hcservices.ecourts.gov.in/hcservices/