IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 27.6.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition Nos.14793 to 14795 of 2011 W.P.No.14793 of 2011:- M/s.Thiagarajar Mills Private Limited, represented by its General Manager, Kappalur, Madurai 625-008. ... Petitioner -Vs.- 1.Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), represented by its Director, 144, Anna Salai, Chennai-600 002. 2.Tamil Nadu Transmission Corporation Limited (TANTRANSCO), represented by its Director, 144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Madurai Electricity Distribution Circle/South, Tamilnadu Generation and Distribution Corporation Limited (TANGEDCO), Madurai-625 007. ... Respondents W.P.No.14794 of 2011:- M/s.Thiagarajar Mills (P) Limited, Unit III, represented by its General Manager, Nilakottai. ... Petitioner -Vs.- 1.Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), represented by its Director, https://hcservices.ecourts.gov.in/hcservices/ 144, Anna Salai, Chennai-600 002. 2.Tamil Nadu Transmission Corporation Limited (TANTRANSCO), represented by its Director, 144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Dindigul Electricity Distribution Circle, Tamilnadu Generation and Distribution Corporation Limited (TANGEDCO), Dindigul. ... Respondents W.P.No.14795 of 2011:- M/s.V.T.M. Limited, represented by its General Manager, P.B.No.39, Soolakarai, Virudhunagar ... Petitioner -Vs.- 1.Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), represented by its Director, 144, Anna Salai, Chennai-600 002. 2.Tamil Nadu Transmission Corporation Limited (TANTRANSCO), represented by its Director, 144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Virudhunagar Electricity Distribution Circle, Tamilnadu Generation and Distribution Corporation Limited (TANGEDCO), Virudhunagar. ... Respondents Writ Petition No.14793 of 2011 is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to adjust a sum of Rs.15,43,030.60 levied, demanded and collected from the petitioner towards Cross Subsidy Surcharge vide the monthly consumption bills issued for https://hcservices.ecourts.gov.in/hcservices/ the months of December 2010 and January 2011 to the petitioner for their HT SC No.10, in accordance with the Circular Memo No.Dir/O/SE/LD & GO/E1/ABT/F interstate/D 3144/11 dated 08.02.2011 issued by the second respondent and the Order dated 17.2.2011 passed by this Court in W.P.No.27983 of 2010 batch. Writ Petition No.14794 of 2011 is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to adjust a sum of Rs.2,76,061,62 levied, demanded and collected from the petitioner towards Cross Subsidy Surcharge vide the monthly consumption bills issued for the months of December 2010 and January 2011 to the petitioner for their HT SC No.153, in accordance with the Circular Memo No.Dir/O/SE/LD & GO/E1/ABT/F interstate/D 3144/11 dated 08.02.2011 issued by the second respondent and the Order dated 17.2.2011 passed by this Court in W.P.No.27983 of 2010 batch. Writ Petition No.14795 of 2011 is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to adjust a sum of Rs.1,73,624.87 levied, demanded and collected from the petitioner towards Cross Subsidy Surcharge vide the monthly consumption bills issued for the months of December 2010 and January 2011 to the petitioner for their HT SC No.13, in accordance with the Circular Memo No.Dir/O/SE/LD & GO/E1/ABT/F interstate/D 3144/11 dated 08.02.2011 issued by the second respondent and the Order dated 17.2.2011 passed by this Court in W.P.No.27983 of 2010 batch. For petitioner in all W.Ps. : Mr.N.L.Rajah For respondents in all W.Ps. : Mr.P.Srinivasan. ----- COMMON ORDER Writ Petition No.14793 of 2011 is filed praying to issue a Writ of Mandamus, directing the respondents to adjust a sum of Rs.15,43,030.60 levied, demanded and collected from the petitioner towards Cross Subsidy Surcharge vide the monthly consumption bills issued for the months of December 2010 and January 2011 to the petitioner for their HT SC No.10, in accordance with the Circular Memo No.Dir/O/SE/LD & GO/E1/ABT/F interstate/D 3144/11 dated 08.02.2011 issued by the second respondent and the Order dated 17.2.2011 passed by this Court in W.P.No.27983 of 2010 batch. https://hcservices.ecourts.gov.in/hcservices/ 2. Writ Petition No.14794 of 2011 is filed praying to issue a Writ of Mandamus, directing the respondents to adjust a sum of Rs.2,76,061,62 levied, demanded and collected from the petitioner towards Cross Subsidy Surcharge vide the monthly consumption bills issued for the months of December 2010 and January 2011 to the petitioner for their HT SC No.153, in accordance with the Circular Memo No.Dir/O/SE/LD & GO/E1/ABT/F interstate/D 3144/11 dated 08.02.2011 issued by the second respondent and the Order dated 17.2.2011 passed by this Court in W.P.No.27983 of 2010 batch. 3. Writ Petition No.14795 of 2011 is filed praying to issue a Writ of Mandamus, directing the respondents to adjust a sum of Rs.1,73,624.87 levied, demanded and collected from the petitioner towards Cross Subsidy Surcharge vide the monthly consumption bills issued for the months of December 2010 and January 2011 to the petitioner for their HT SC No.13, in accordance with the Circular Memo No.Dir/O/SE/LD & GO/E1/ABT/F interstate/D 3144/11 dated 08.02.2011 issued by the second respondent and the Order dated 17.2.2011 passed by this Court in W.P.No.27983 of 2010 batch. 4. Mr.P.Srinivas, learned counsel takes notice on behalf of the respondents in all writ petitions. 5. The relief sought for in all writ petitions is one and the same. Hence, by consent of both parties, the three writ petitions are taken up together for final disposal. 6. Petitioner in these three cases has paid Cross Subsidy Surcharge for the period December, 2010 and January, 2011. This Court by the order dated 17.2.2011 in W.P.No.27983 of 2010 etc., batch based on the Amended Circular dated 8.2.2011 set aside the Cross Subsidy Surcharge levied on H.T. Consumers and directed the respondents electricity board to adjust the said amount in the future current consumption bills. Paras 5 and 7 of the order dated 17.2.2011 reads as follows:- "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 https://hcservices.ecourts.gov.in/hcservices/ 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 58 writ petitions stands ordered as above. No costs. Consequently, connected miscellaneous petitions are closed." 7. The present writ petitions falls under the same category. The three writ petitions are allowed on the same terms and conditions as contained in W.P.No.27983 of 2010 batch as above. The writ petitions are ordered as above. No costs. ts Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The Director, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), 144, Anna Salai, Chennai-600 002. https://hcservices.ecourts.gov.in/hcservices/ 2.The Director, Tamil Nadu Transmission Corporation Limited (TANTRANSCO), 144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Madurai Electricity Distribution Circle/South, Tamilnadu Generation and Distribution Corporation Limited (TANGEDCO), Madurai-625 007. 4.The Superintending Engineer, Dindigul Electricity Distribution Circle, Tamilnadu Generation and Distribution Corporation Limited (TANGEDCO), Dindigul. 5.The Superintending Engineer, Virudhunagar Electricity Distribution Circle, Tamilnadu Generation and Distribution Corporation Limited (TANGEDCO), Virudhunagar. + 3 ccs to Mr. N. L. Rajan, Advocate SR No.36892, 36894 SSN(CO) SR/28.6.2011 Common Order in W.P.Nos.14793 to 14795 of 2011 https://hcservices.ecourts.gov.in/hcservices/