1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD)NO.11732 of 2011 and M.P.(MD)No.1 of 2011 Palani Vijay Cottspin (P) Ltd., HTSC No.299 No.203, Lakshmipuram, Palani, Dindigul District, Rep. by its Executive Direction, R.Pitchaimani. ... Petitioner Versus 1.Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) Rep. by its Director, 144, Anna Salai, Chennai - 600 002. 2.Tamil Nadu Electricity Regulatory Commission (TNERC) Rep. by its Secretary, 19-A, Rukmani Lakshmipathy Salai, Marshall's Road, Egmore, Chennai - 600 008. 3.The Superintending Engineer, Dindigul Electricity Distribution Circle, Trichy Road, Dindigul, Dindigul District. ... Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying 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 dated 26.11.2010 issued by the 1st respondent and bill No.299 dated 03.01.2011 and 01.02.2011 in so far as it relates to levy of cross subsidy surcharge under serial No.18, quash the same as arbitrary and illegal and consequently direct the 3rd respondent to adjust the amount paid by the petitioner in HT SC No.299 towards cross subsidy surcharge in the future current consumption bills. For Petitioner : Mr.R.S.Pandiaraj For Respondents : Mr.S.M.S.Johnny Basha, Senior Standing Counsel for TNEB. https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R The petitioner has come up with the above writ petition seeking to quash a demand made by the respondents for payment of cross subsidy surcharge. 2. Heard Mr.R.S.Pandiaraj, learned counsel for the petitioner. Mr.S.M.S.Johnny Basha, learned Senior Standing Counsel for TNEB takes notice for the respondents. 3. On the basis of a circular bearing Circular Memo. No.Dir/O/SE/LD&GO/E1/ABT/F interstate /D 3144/11 dated 08.02.2011, a batch of 44 writ petitions in W.P.NOs.29556/2010 etc., batch was ordered by this Court by a common order, dated 11.02.2011. The operative portion of the order in paragraph Nos. 4 and 5, dated 11.02.2011 reads as follows: 4. 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 08.02.2011 by the Tamil Nadu 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 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 S.Es./EDC are requested to adhere the above instructions strictly with immediate effect." 5. In view of the above amended Circular dated 08.02.2011 issued by the Tamil Nadu 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." 4. In view of the above, the petitioner shall make a representation to the first respondent on the basis of the amended Circular and the judgment of this Court, as expeditiously as possible. Within four weeks from the date of receipt of a copy of the representation of the petitioner, the https://hcservices.ecourts.gov.in/hcservices/ 3 first respondent shall consider the same in the light of the above and pass appropriate orders. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(A.S) /True Copy/ Sub-Assistant Registrar To 1.The Director, Tamil Nadu Generatation and Distribution Corporation Limited (TANGEDCO) 144, Anna Salai, Chennai - 600 002. 2.The Secretary, Tamil Nadu Electricity Regulatory Commission (TNERC) 19-A, Rukmani Lakshmipathy Salai, Marshall's Road, Egmore, Chennai - 600 008. 3.The Superintending Engineer, Dindigul Electricity Distribution Circle, Trichy Road, Dindigul, Dindigul District vsm rl/4 c- 21.10.2011 W.P.(MD)NO.11732 of 2011 and MP(MD)No.1 of 2011 12.10.2011 https://hcservices.ecourts.gov.in/hcservices/