IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.01.2011 CORAM: THE HONOURABLE MR. JUSTICE R.SUDHAKAR W.P.No.2073 of 2011 and M.P.No.1 of 2011 Ankit Granites Ltd., represented by its Manager K.Krishnan ... Petitioner Vs. 1.Tamil Nadu Electricity Regulatory Commission, represented by its Secretary 19-A Kukmani Lakshmipathy Salai, Egmore, Chennai-8 2.The Chairman Tamil Nadu Electricity Board, 144, Anna Salai, Chennai – 600 002. 3.TANGEDCO represented by its Superintending Engineer, Dharmapuri Electricity Distribution Circle, Dharmapuri. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue of Writ of Certiorari to call for the records of the third respondent in Lr.No.SE/DEDC/DFC/RCS-HT/HT SC No.148/2010 DT.1.2010 dated 13.01.2011 and quash the same as arbitrary, illegal. For Petitioner : Mr.R.S.Pandiyaraj For Respondents :Mr.P.Srinivas O R D E R Writ Petition is filed praying to issue a Writ of Certiorari calling for the records of the third respondent in Lr.No.SE/DEDC/DFC/RCS-HT/HT SC No.148/2010 dated 13.01.2011 and quash the same as arbitrary, illegal. https://hcservices.ecourts.gov.in/hcservices/ 2. Mr.P.Srinivas, learned counsel takes notice on behalf of the respondents. By consent of both parties, the Writ Petition is taken up for final disposal. 3. The Writ Petition is filed challenging the proceedings dated 13.01.2011, wherein a demand was made as penal charges for exceeding the quota during the evening peak hours. The operative portion of the demand is as follows:- "With reference to the above, it is informed that a detailed month wise working sheet of Compensation charges assessed for exceeding the peak hour Quota during 12/08 to 07/09 is enclosed herewith for sum of Rs.19,17,180/- in respect of your HT SC No.148 M/s. Ankit Granites. Hence you are requested to remit the above said amount within 15 days on receipt of this letter." 4. The issue was considered by the Tamil Nadu Electricity Regulatory Commission in M.P.No.42 of 2008 and by order dated 28.11.2008, the Electricity Board was permitted to impose penalty for exceeding peak hour quota. That order was subsequently clarified by M.P.Nos.4 and 7 of 2010 by order dated 04.05.2010. The individual consumers, association of consumers and high tension consumers preferred appeal to the Appellate Tribunal for Electricity, New Delhi. The Appellate Tribunal, New Delhi, in its Judgment dated 11.01.2011 in Appeal Nos.111, 114, 119, 120, 127, 128, 129, 139, 131 and 141 of 2010 clarified the issue in para 45 (D) as follows:- "(D) Only in the impugned order dated 4.5.2010 the State Commission made it clear that Excess Demand Charges and Excess Energy Charges for evening peak hour restriction were also applicable w.e.f. 28.11.2008. This retrospective effect cannot be given by the State Commission. Therefore, the excess demand charges and excess energy charges for evening peak restriction has to be given effect to only from 4.5.2010, the date of the Impugned Order wherein the position was clearly stated." 5. It, therefore, follows that in respect of the bill under challenge, the penalty for exceeding the quota during evening peak hours for the period 12/2008 to 07/2009 shall stand set aside. The Writ petition is allowed as above. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. ars https://hcservices.ecourts.gov.in/hcservices/ To 1.The Secretary Tamil Nadu Electricity Regulatory Commission. 19-A Kukmani Lakshmipathy Salai, Egmore, Chennai-8 2.The Chairman Tamil Nadu Electricity Board, 144, Anna Salai, Chennai – 600 002. 3.The Superintending Engineer TANGEDCO Dharmapuri Electricity Distribution Circle, Dharmapuri. 1 cc to Mr.R.S. Pandiyaraj, Advocate, Sr. 6422 W.P.No.2073 of 2011 and M.P.No.1 of 2011 PKB (CO) kk 31/1 https://hcservices.ecourts.gov.in/hcservices/