IN THE HIGH COURT JUDICATURE AT MADRAS DATED: 08.09.2006 CORAM: THE HONOURABLE MR.JUSTICE P.K.MISRA W.P.Nos.7988, 7989, 11384 to 11386, 11505 to 11514, 11678 to 11690, 12260 to 12262, 12267 to 12269, 12561, 12544, 14576, 14600, 14607, 14807, 14813, 14827, 15038, 15449 of 2003, 1499, 4939, 4940 and 5600 of 2001, 10777 and 13461 of 2005 AND WPMP.Nos.14472 to 14481, 15759, 18537, 18541, 18555 of 2003 and 14743 of 2005 W.P.No.7988/2003: & W.P.7989 of 2003 Solaiappa Sami Modern Rice Mills, rep.by its Proprietor R.Balakrishnan, 16 CNT Road, Thandalkarani, Red Hills, Chennai-600 052. ... Petitioner in W.P.7988/2003 Andavar Rice Mills rep by Subbarajan, Proprietor No. 78 sa Chithanandam Street, Kuyapet, Chennai-12 ... Petitioner in W.P.7989/2003 vs. 1.The Superintending Engineer, CEDC/West Anna Nagar, Tamil Nadu Electricity Board, Chennai-600 040. 2.The Assistant Executive Engineer, Avadi, CED Circle/West, Tamil Nadu Electricity Board, Chennai-600 054. 3.The Assistant Executive Engineer, O & M, Red Hills, CEDC/West, Red Hills, Tamil Nadu Electricity Board, Chennai-600 052. ... Respondents in both WPS https://hcservices.ecourts.gov.in/hcservices/ W.P.11384 of 2003 M/s. Sxposkin Rep by its Manager, N. Manoharan, 158 thiruneermalai Main Road, Nagelkeni, Chrompet, Chennai-44 ... Petitioner Vs 1. The Superintending Engineer Chennai Electricity Distribution Circle (South) Tamil Nadu Electricity Board, Anna Main Road, K.K. Nagar, Chennai-600 078. 2. The Assistant Executive Engineer Operation & Maintenance Tamilnadu Electricity Board, Kadapperi, Chennai-45. 3. The Assistant Engineer Operation & Maintainance, tamil Nadu electicity Board, Sripuram, Chrompet, Chennai-600 041. ... Respondents W.P.11385 of 2003 M/s. Bismillah Tannery, Rep by its Manager, M.K. Yusff ... Petitioner Vs 1. The Superintending Engineer Chennai Electricity Distribution Circle (South) Tamil Nadu Electicity Board, Anna Main Road, K.K. Nagar, Chenani-78. 2. The Assistant Executive Engineer, Operation & Maintenance TNEBPallavaram, Chennai-43. 3. The Assistant Engineer, Operation & Maintenance, TNEB, Anakaputhur, Chennai-70. ... Respondents https://hcservices.ecourts.gov.in/hcservices/ W.P.No.11386 of 2003 M/s. Royal Leathers Rep by its Manager, M. Solaimalai ... Petitioner VS 1. The Superintending Engineer Chennai Electricity Distribution Circle (South) Tamil Nadu Electicity Board, Anna Main Road, K.K. Nagar, Chenani-78. 2. The Assistant Executive Engineer Operation & Maintenance Tamilnadu Electricity Board, Kadapperi, Chennai-45. 3. The Assistant Engineer Operation & Maintainance, Tamil Nadu electicity Board, Sripuram, Chrompet, Chennai-600 044. ... Respondents W.P.No.11505 to 11508 of 2003 M/s. Eurasia Tanning Company Rep by its Manager Jayaker ... Petitioner in W.P.11505 of 2003 M/s. Raja Rajeswari Enterprises Rep by its Manager D. Janardanan ... Petitioner in W.P.11506 of 2003 M/s. suddler Shoes Pvt. Ltd., rep by its Manager G. Anbazhagan ... Petitioner in W.P.11507 of 2003 M/s. V.S. D. Leathers Rep by its Managing Partner V. Vimalraj ... Petitioner in W.P.11508 of 2003 VS 1. The Superintending Engineer Chennai Electricity Distribution Circle (South) Tamil Nadu Electicity Board, Anna Main Road, K.K. Nagar, Chenani-78. 2. The Assistant Executive Engineer Operation & Maintenance Tamilnadu Electricity Board, Kadapperi, Chennai-45. https://hcservices.ecourts.gov.in/hcservices/ 3. The Assistant Executive Engineer Operation & Maintainance, Tamil Nadu Electicity Board, Sripuram, Chrompet, Chennai-600 041. ... Respondents in 11505 to 11508/03 W.P. 11509 of 2003 M/s. Jay Ar. Enterprises Rep by its Proprietor R. Abdulkalam ... Petitioner Vs 1. The Superintending Engineer Chennai Electricity Distribution Circle (South) Tamil Nadu Electicity Board, Anna Main Road, K.K. Nagar, Chenani-78. 2. The Assistant Executive Engineer Operation & Maintenance Tamilnadu Electricity Board, Pallavaram Chennai-43. 3. The Assistant Engineer Operation & Maintainance, Tamil Nadu Electicity Board, Pammal, Chennai-75 ... Respondents W.P.11510 to 11514 of 2003 M/s. Mahalakshmi Leather Corporation Rep by its Manager D. Janardanan ... Petitioner in W.P.11510 of 2003 M/s. Penguin Leathers Rep by its Manager K. Kirubakaran ... Petitioner in W.P.11511 of 2003 M/s. The General & Industrial Leather (P) Ltd., Rep by its Manager Mohanraj ... Petitioner in W.P.11512 of 2003 M/s. Pearl Lether industries Rep by its Partner P.M. Muthiah ... Petitioner in W.P.11513 of 2003 M/s. BEngal Tanning Industries Rep by its Partner Jamil Ahmed ... Petitioner in W.P.11514 of 2003 Vs https://hcservices.ecourts.gov.in/hcservices/ 1. The Superintending Engineer Chennai Electricity Distribution Circle (South) Tamil Nadu Electricity Board, Anna Main Road, K.K. Nagar, Chennai-600 078. 2. The Assistant Executive Engineer Operation & Maintenance Tamilnadu Electricity Board, Kadapperi, Chennai-45. 3. The Assistant Engineer Operation & Maintainance, Tamil Nadu Electicity Board, Sripuram, Chrompet, Chennai-600 044. ... Respondents W.P.No.11678 & 11679 of 2003 M/s. Coimbatore Chrome Tanning Co Rep by its Manager M. Sethuraman Petitioner in 11678 of 2003 M/s. P. Ansarmyan Company rep by its Proprietor A. Zeaudeen .. Petitioner11679of 2003 Vs 1. The Superintending Engineer Chennai Electricity Distribution Circle (South) Tamil Nadu Electricity Board, Anna Main Road, K.K. Nagar, Chennai-600 078. 2. The Assistant Executive Engineer Operation & Maintenance Tamilnadu Electricity Board, Kadapperi, Chennai-45. 3. The Assistant Engineer Operation & Maintainance, Tamil Nadu Electicity Board, Sripuram, Chrompet, Chennai-600 044. ... Respondents W.P.No.11680 of 2003 M/s. Nutechleathers Rep by its Proprietor M. Marimuthu ... Petitioner Vs https://hcservices.ecourts.gov.in/hcservices/ 1. The Superintending Engineer, Chennai Electricity Distribution Circle (South) Tamil Nadu Electicity Board, Anna Main Road, K.K. Nagar, Chenani-78. 2. The Assistant Executive Engineer, Operation & Maintenance TNEB, Pallavaram, Chennai-43. 3. The Assistant Engineer, Operation & Maintenance, TNEB, Anakaputhur, Chennai-70. ... Respondents W.P.No.11681, 11682, 11685 and 11686 of 2003 M/s. K.M. Adam Tannery Rep by its Managing Partner K.a. Deen Mohammed ... Petitioner in W.P.11681/03 M/s. A. Irudayamary A.V.M. Leathers ... Petitioner in W.P.11682/03 Mr. K.R. Krishnan Exposkin Complex ... Petitioner in W.P.11685/03 M/s. Anees Leathers Rep by its Manager a.M. Nazeer Ahmed Baig ... Petitioner in W.P.11686/03 Vs 1. The Superintending Engineer Chennai Electricity Distribution Circle (South) Tamil Nadu Electricity Board, Anna Main Road, K.K. Nagar, Chennai-600 078. 2. The Assistant Executive Engineer Operation & Maintenance Tamilnadu Electricity Board, Kadapperi, Chennai-45. 3. The Assistant Engineer Operation & Maintainance, Tamil Nadu Electicity Board, Sripuram, Chrompet, Chennai-600 044. ... Respondents in W.P.11681, 11682, 11685 and 11686 of 03 https://hcservices.ecourts.gov.in/hcservices/ W.P.11683 & 11684 of 2003 M/s. R.D. Bhatla Trading Rep by its Proprietor Anil Bhatla ... Petitioner in W.P.11683 of 2003 M/s. Coral Leather Company Rep by its Partner N . Renganathan ... Petitioner in W.P.11684 of 2004 Vs 1. The Superintending Engineer Chennai Electricity Distribution Circle (South) Tamil Nadu Electicity Board, Anna Main Road, K.K. Nagar, Chenani-78. 2. The Assistant Executive Engineer Operation & Maintenance Tamilnadu Electricity Board, Pallavaram Chennai-43. 3. The Assistant Engineer Operation & Maintainance, Tamil Nadu Electicity Board, Pammal, Chennai-75 ... Respondents in W.P.11683 & 11684 of 2004 W.P.NO.11687, 11689, 11690 of 2003 O.s. Abdul Razack Abdullah Glue Complex ... Petitioner in W.P.11687 of 2003 M/s. T.T.K. HEalth Care Ltd., Rep by its Factory Manager Rajiv K. Nair ... Petitioner in W.P.11689 of 2003 M/s. Emsons Enterprises rep by its Managing Partner M.S. Pandian ... Petitioner in W.P.11690 of 2003 Vs 1. The Superintending Engineer Chennai Electricity Distribution Circle (South) Tamil Nadu Electricity Board, Anna Main Road, K.K. Nagar, Chennai-600 078. https://hcservices.ecourts.gov.in/hcservices/ 2. The Assistant Executive Engineer Operation & Maintenance Tamilnadu Electricity Board, Kadapperi, Chennai-45. 3. The Assistant Engineer Operation & Maintainance, Tamil Nadu Electicity Board, Sripuram, Chrompet, Chennai-600 044. ... Respondents in W.Ps. 11687, 11689 and 11690/03 W.P.11688 of 2003 M/s. sherijamma ... Petitioner Vs 1. The Superintending Engineer Chennai Electricity Distribution Circle (South) Tamil Nadu Electicity Board, Anna Main Road, K.K. Nagar, Chenani-78. 2. The Assistant Executive Engineer Operation & Maintenance Tamilnadu Electricity Board, Pallavaram Chennai-43. 3. The Assistant Engineer Operation & Maintainance, Tamil Nadu Electicity Board, Pammal, Chennai-75 ... Respondents W.P.No.12260 to 12262 of 2003 MR.P. Mohamed Iqbal ... Petitioner in W.P.12260 of 2003 Sierra trading Ltd., Rep by its Director Jammal Sabih ... Petitioner in W.P.12261 of 2003 M/s. Alim Leathers Rep by its Partner Mr.P. Rajamohamed ... Petitioner in W.P.12262 of 2003 Vs 1. The Superintending Engineer Chennai Electricity Distribution Circle (South) Tamil Nadu Electricity Board, Anna Main Road, K.K. Nagar, Chennai-600 078. https://hcservices.ecourts.gov.in/hcservices/ 2. The Assistant Executive Engineer Operation & Maintenance Tamilnadu Electricity Board, Kadapperi, Chennai-45. 3. The Assistant Engineer Operation & Maintainance, Tamil Nadu Electicity Board, Sripuram, Chrompet, Chennai-600 044. ... Respondents in W.Ps. 12260 to 12262 of 2003 W.P.12267 to 12269 of 2003 M/s. Cousins & co Rep by its Partner Mr.P. Abdulkadar ... Petitioner in W.P.12267 of 2003 M/s. N.P.M. & Sons Rep by its Partner P. Abdul Kadar .. Petitioner in W.P.12268 of 2003 M/s. Peersons Leathers Rep by its Partner Mr.P. Rajamohamed .. Petitioner in W.P.12269 of 2003 Vs 1. The Superintending Engineer Chennai Electricity Distribution Circle (South) Tamil Nadu Electricity Board, Anna Main Road, K.K. Nagar, Chennai-600 078. 2. The Assistant Executive Engineer Operation & Maintenance Tamilnadu Electricity Board, Kadapperi, Chennai-45. 3. The Assistant Engineer Operation & Maintainance, Tamil Nadu Electicity Board, Sripuram, Chrompet, Chennai-600 044. ... Respondents in W.P.12267 to 12269 of 2003 W.P.12561 of 2003 M/s. MECCA Prime Tannery Rep by its Proprietor Mr.S. Veeraiyan ... Petitioner https://hcservices.ecourts.gov.in/hcservices/ Vs 1. The Superintending Engineer Chennai Electricity Distribution Circle (South) Tamil Nadu Electricity Board, Anna Main Road, K.K. Nagar, Chennai-600 078. 2. The Assistant Executive Engineer Operation & Maintenance Tamilnadu Electricity Board, Kadapperi, Chennai-45. 3. The Assistant Engineer Operation & Maintainance, Tamil Nadu Electicity Board, Sripuram, Chrompet, Chennai-600 044. ... Respondents W.P.No.12544 of 2003 M/s. Sri Amman Leathers Rep by its Proprietor A.S. Baskaran ... Petitioner Vs 1. The Superintending Engineer Chennai Electricity Distribution Circle (South) Tamil Nadu Electricity Board, Anna Main Road, K.K. Nagar, Chennai-600 078. 2. The Assistant Executive Engineer Operation & Maintenance Tamilnadu Electricity Board, Kadapperi, Chennai-45. 3. The Assistant Engineer Operation & Maintainance, Tamil Nadu Electicity Board, Sripuram, Chrompet, Chennai-600 044. ... Respondents W.P.14576 of 2003 M/s. Colour Leathers (P) Ltd., Rep by its Director Mr. Arun Mehra ... Petitioner Vs https://hcservices.ecourts.gov.in/hcservices/ 1. The Superintending Engineer Chennai Electricity Distribution Circle (South) Tamil Nadu Electricity Board, Anna Main Road, K.K. Nagar, Chennai-600 078. 2. The Assistant Executive Engineer Operation & Maintenance Tamilnadu Electricity Board, Kadapperi, Chennai-45. 3. The Assistant Engineer Operation & Maintainance, Tamil Nadu Electicity Board, Sripuram, Chrompet, Chennai-600 044. ... Respondents W.P.No.14600 of 2003 M/s. Aman Tanning Company, Rep by its Manager MR. Arun Mehra ... Petitioner Vs 1. The Superintending Engineer Chennai Electricity Distribution Circle (South) Tamil Nadu Electricity Board, Anna Main Road, K.K. Nagar, Chennai-600 078. 2. The Assistant Executive Engineer Operation & Maintenance Tamilnadu Electricity Board, Kadapperi, Chennai-45. 3. The Assistant Engineer Operation & Maintainance, Tamil Nadu Electicity Board, Sripuram, Chrompet, Chennai-600 044. ... Respondents W.P.No.14607 of 2003 M/s. ALFA Leather & Footwear Company Rep by its Partner Mr. Arun Mehra ... Petitioner Vs 1. The Superintending Engineer Chennai Electricity Distribution Circle (South) Tamil Nadu Electricity Board, Anna Main Road, K.K. Nagar, Chennai-600 078. https://hcservices.ecourts.gov.in/hcservices/ 2. The Assistant Executive Engineer Operation & Maintenance Tamilnadu Electricity Board, Kadapperi, Chennai-45. 3. The Assistant Engineer Operation & Maintainance, Tamil Nadu Electicity Board, Sripuram, Chrompet, Chennai-600 044. ... Respondents W.P.No.14807 of 2003 Mrs. Rajeshwari Venponn Shoes ... Petitioner Vs 1. The Superintending Engineer Chennai Electricity Distribution Circle (South) Tamil Nadu Electricity Board, Anna Main Road, K.K. Nagar, Chennai-600 078. 2. The Assistant Executive Engineer Operation & Maintenance Tamilnadu Electricity Board, Kadapperi, Chennai-45. 3. The Assistant Engineer Operation & Maintainance, Tamil Nadu Electicity Board, Radhanagar, Chennai-600 044. ... Respondents W.P.No.14813 of 2003 M/s. Zulaikha Industries Rep by its Manager, Mr.N. Balakrishnan ... Petitioner Vs 1. The Superintending Engineer Chennai Electricity Distribution Circle (South) Tamil Nadu Electricity Board, Anna Main Road, K.K. Nagar, Chennai-600 078. 2. The Assistant Executive Engineer Operation & Maintenance https://hcservices.ecourts.gov.in/hcservices/ Tamilnadu Electricity Board, Kadaperi, Chennai-45. 3. The Assistant Engineer Operation & Maintainance, Tamil Nadu Electicity Board, Radhanagar, Chennai-600 044. ... Respondents W.P.14827 of 2003 M/s. T.R.S. Leathers Rep by its Managing Partner Mr.S. Sethuraman ... Petitioner Vs 1. The Superintending Engineer Chennai Electricity Distribution Circle (South) Tamil Nadu Electricity Board, Anna Main Road, K.K. Nagar, Chennai-600 078. 2. The Assistant Executive Engineer Operation & Maintenance Tamilnadu Electricity Board, Kadapperi, Chennai-45. 3. The Assistant Engineer Operation & Maintainance, Tamil Nadu Electicity Board, Sripuram, Chrompet Chennai-600 044. ... Respondents W.P.15038 of 2003 M/s. Shaika Leather Corporation, Rep by its Proprietrix Mrs. Nyra Ahmed ... Petitioner Vs 1. The Superintending Engineer Chennai Electricity Distribution Circle (South) Tamil Nadu Electricity Board, Anna Main Road, K.K. Nagar, Chennai-600 078. 2. The Assistant Executive Engineer Operation & Maintenance Tamilnadu Electricity Board, Kadapperi, Chennai-45. https://hcservices.ecourts.gov.in/hcservices/ 3. The Assistant Engineer Operation & Maintainance, Tamil Nadu Electicity Board, Sripuram, Chrompet, Chennai-600 044. ... Respondents W.P.No.15449 of 2003 Sri Andal Leather (P) Ltd., Rep by its Managing Director, Mr.P. Rajendran. ... Petitioner Vs 1. The Superintending Engineer Chennai Electricity Distribution Circle (South) Tamil Nadu Electricity Board, Anna Main Road, K.K. Nagar, Chennai-600 078. 2. The Assistant Executive Engineer Operation & Maintenance Tamilnadu Electricity Board, Kadapperi, Chennai-45. 3. The Assistant Engineer Operation & Maintainance, Tamil Nadu Electicity Board, Sripuram, Chrompet, Chennai-600 044. ... Respondents W.P.No.1499 of 2001 Ranipet SIDCO Entrepreneurs Association Old Library Building, Ranipet- 632 403 rep by its President. ... Petitioner Vs 1. State of Tamilnadu rep by its Secretary, Department of Energy fort st. George, Chennai-9. 2. The Tamilnadu Electicity Board, Anna Salai, chennai-600 002. rep by its Chairman. 3. The Superintending Engineer, TNEB, Gandhinagar, Vellore- 632 403 https://hcservices.ecourts.gov.in/hcservices/ 4. The Junior Engineer, TNEB, SIPCOT Industrial Estate, Ranipet. ... Respondents W.P.No.4939 of 2001 B. Kothandapani ... Petitioner Vs 1. The State of Tamilnadu Rep by its Secretary Department of Energy Fort St. George, Chennai-9. 2. The TNEB, Rep by its Chairman Anna Salai, Chennai-2. 3. The Superintending Engineer The TNEB Avadi Electicity System Avadi, Chennai. 4. The Executive Engineer TNEB, Avadi, Chenani. 5. The Junior Engineer TNEB, Redhills, Chennai. 6. The Assistant Engineer, TNEB, Red Hills-1, Chennai ... Respondents W.P.No.4940 of 2001 Fivestar Modern Rice Mill rep by Managing Partner A. Jiyavudheen ... Petitioner Vs 1. The State of Tamilnadu rep by its Secretary Department of Energy, Fort St,.George, Chennai-9. 2. The TNEB, rep by its Chairman, Anna Salai, Chennai-2. 3. The Superintending Engineer TNEB, Villupuram. 4. The Executive Engineer, (O&M) TNEB, Villupuram https://hcservices.ecourts.gov.in/hcservices/ 5. The Assistant Executive Engineer (O&M) TNEB, Vikravandi. 6. The Assistant Engineer, (O&M) TNEB, Vikravandi ... Respondents W.P.No.5600 of 2001 Dindigul Tanners Association, rep by its Honourary Secretary R. Aravamuthan ... Petitioner Vs 1. The State of Tamilnadu rep by its Secretary to Government, Department of Energy, Fort St,.George, Chennai-9. 2. TNEB, rep by its Chairman, Anna Salai, Chennai-2. 3. Senior Engineer, TNEB, Dindigul District. 4. Assistant Accounts Officer, Revenue Branch TNEB, Dindigul Electicity Distribution Circle, Dindigul. ... Respondents W.P.No.10777 of 2005 V. Manivannan ... Petitioner Vs 1. The TNEB, Regulatory commission, No.17, 3rd Main road, Seethamal Colony, Alwarpet, Chennai-18. 2. The Assistant Executive Engineer (O&M) TNEB, Arcot Town West Arcot, Vellore District ... Respondents W.P.No.13461 of 2005 M/s. Hargobind Steel Industries, rep by its Proprietrix ... Petitioner Vs https://hcservices.ecourts.gov.in/hcservices/ 1. The Tamilnadu Electricity Board, Regulatory commission, No.17, 3rd Main road, Seethamal Colony, Alwarpet, Chennai-18. 2. The Superintending Engineer, CEDC/North TNEB, Anna Salai, Chennai-2 ... Respondents Prayer in All WPS 1. Petitions filed under Article 226 of the Constitution of India to issue a writ of Mandamus forbearing the respondent from levying penalty f Rs.20619/- and Rs.32426/- being the penalty charges from the low power factor and cosnsequently initiate any proceedings for disconnecting the power supply (W.P.Nos.7988 and 7989/2003) respectively. 2. to issue a writ of Mandamus directing the respodnent to forbear from levying any penalty for low power factor upon the petitioner in respect of LTC TS.No.252-581-136 and LTCT SC No.252-581-07; LTC TSC NO.258-09-110 and LTCTSC No.252-581-320 (W.P.Nos. 11384 to 11386/03) respectively. 3. to issue a writ of Mandamus directing the respodnent to forbear from levying any penalty for low power factor upon the petitioner in respect of LTC TS.No.252-583-247; LTC TSC No.252-581-18; LTC TSC No.252-582-193; LTC TSC NO.252-581-125; LTC TSC NO.247-348-64 and LTC TSC NO.247-348-116 LTC TSC No.252-581-122; LTC TSC NO. 252-581-299; LTC TSC NO.252-582-07, LTC TSC NO.252-582-08 & LTC TSC NO.252-582-61; LTC TSC NO.252-583-26 and LTC TSC NO.252-583- 28, and LTC TSC NO.252-582-107 and LTC TSC NO.252-582-159; LTC TSC NOs. 252-583-314 abd 252-583-416 abnd 252-583-418; LTC TSC NO.252-581-17; LTC TSC NO.258-09-129 and LTC TSC NO.258-09-136, 252-582-26; LTC TSC NO.252-582-160; LTC TSC NO.247-348-01 LTC TSC NO.247-348-61; 252-581-233; 252-582-25; 252-582-118; 247-348- 15 and 24-348-16; 252-581-361; and 252-581-138; 252-583-05; 252- 584-71 and 252-584-77, 252-582-19; 252-582-235; 252-582-178; 252- 582-167, 252-582-169 and 252-582-238; 252-581-12; 252-582-132, 252-582-58, 252-582-112; 252-582-68; 252-581-419; 252-582-117 and 252-582-232; respectively (in W.P.Nos.11505 to 11514, 11678 to 11690/2003) (W.P.Nos.12260 to 12262, 12267 to 12269, 12561, 12544, 14576, 14600, 14607, 14807, 14813, 14827, 15038 and 15449/2003) 4. To issue a writ of certorari calling for the records of the first respondent herein culminating with G.O.Ms.NO.3 Energy (A2) Department dated 7.1.2000 in so far as it imposes a penalty for fall in power factor below o.85 lag and quash the same (W.P.Nos.1499. 4939 and 4940/2001) respectively. https://hcservices.ecourts.gov.in/hcservices/ 5. to issue a writ of declaration to declare that the levy of penalty / compensation loss by the respondents if there is fall in average power factor below 0.85 lags as illegal unconstitutional and ultra vires of the povisions of the Indian Electricity Act 1910 (W.P.No.5600/2001) 6. to issue a writ of declaration declaring that the levy demand and collection of compensation charges for not maintaining power factor over and above 0.85 lags in respect of the petitioners rice mill comtemplated in the public notice issued by the first respondent in "The Hindu" dated 16.3.2003 is illegal ultra vires and unconstitutional (W.P.NO.10777 of 2005) 7. to issue a writ of declaration declaring that the levy demand and collection of compensation charges for not maintaining power factor below 0.90 lags in respect of Petitioners stell rolling mill contemplated in the Public notice issued by the first respondent in the "The Hindu" dated 16.3.2003 as illegal ultra vires and unconstitutional (W.P.NO.13461/2005) M/s. Ravi & P. Arumugarajan for the petitioners in W.P.Nos.11384 to 1386, 11505 to 11514, 11678 to 11690, 12260 to 12262, 12267 to 12269, 12561, 12544, 14576, 14600, 14607, 14807, 14813, 14827, 15038, 15449 of 2003 Mr. Jayesh Dolia for M/s. Aiyar & Dolia for the petitioner in WP.No.7988 & 7989 of 2003 Mr. Vaidyanathan for the petitioner in WP.No.1499 Mr.S. Parthasarathy, Senior Counsel for for M/s. Sarvabhauman Associates for the petitioners in WP.No.4939 & 4940 of 2001 M/s. Mc Gan Law Firm in WP.No.5600/2001 Mr.C. Prakasam for the petitioner in W.P.No.10777 of 2005 M/s.T.S. Sivagnanam & S. Ravichandran for the petitioner in WP.No.13461 of 2005 Mr.G. Vasudevan for Respondent (TNEB) in all WPs COMMON JUDGMENT In this batch of writ petitions, the petitioners have challenged the right of the respondents to levy penalty for low power factor. Prayer in most of the writ petitions is for issuing mandamus forbearing respondents from levying such penalty. However, in W.P.Nos.4939, 4940 and 1499 of 2001 a prayer has been made for quashing G.O.Ms.No.3 Energy (A2) Department dated 7.1.2000. In W.P.Nos.13461 and 10777 of 2005 prayer has been made for issuing a declaration that low power factor penalty may be declared as ultra vires. https://hcservices.ecourts.gov.in/hcservices/ 2. The petitioners, who have obtained service connection, have contended that levy of such penalty is illegal as such levy is not contemplated under the provisions of the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948. It is submitted that under these Acts, penalty is contemplated for violation of some order but there is nothing in these Acts which authorises levy of penalty for low power factor. It is also contended that imposition of such penalty is also not contemplated in the Terms and Conditions of Supply of Electricity. The other contention raised in the writ petitions is to the effect that no opportunity has been given to the petitioners regarding the electronic meter which purports to indicate about the low power factor and there is no guidelines for gauging the maintenance of power factor. 3. It is contended by the respondents that levy of such amount for low power factor has been fixed as per Section 4 of the Tamil Nadu Revision of Tariff of Supply of Electrical Energy Act, 1978 (Act 1/1979) and the penalty for maintaining low power factor has been levied as per G.O.3 in the year 2000 and such levy is legally authorised. It is further contended that such levy had been fixed as per the said G.O. and subsequently the Tamil Nadu Electricity Regulatory commission became functional and such levy was made as per Tariff Order TRP No.1 of 2002, which came into force with effect from 16.03.2003. The basis for calculation of such amount is fixed and the consumers are aware as it is reflected in the Bill. The consumers are also given incentive if the power factor exceeds the stipulation and a rebate of 0.05% of the current consumption charges is allowed. Since the meter reading is done in the presence of consumers, there is no further scope for compliance with any other principle of natural justice and in the absence of any complaint that the meter installed is defective, there is no scope for raising any dispute on that aspect. 4.Before considering the contentions, it is necessary to briefly refer to the concepts relating to power factor. It is well accepted that power factor is the ratio for active power and apparent power. Power factor is related to active power/energy, reactive power/energy, voltage profile and transmission and distribution losses of the Transmission and Distribution network and power factor changes in voltage profile of the network. If, in a network, a consumer maintains a lower power factor, the voltage of distribution licensee network and other consumers of the network are affected, thereby affecting the equipments and because of the above penalty of low power factor is levied by the Electricity Board as per the Government orders issued earlier relating to tariff and as per Tamil Nadu Energy Regulatory Commission's Tariff Order subsequently. 5. It is submitted that all over the world, a penalty is incorporated in the energy bill against power factor lower than a set limit. It is also pointed out by the counsel for respondents https://hcservices.ecourts.gov.in/hcservices/ that power factor penalty is incorporated in the energy bills of other States such as Andhra Pradesh, Bihar, Gujarat, Maharashtra, Punjab, etc. and such low power factor penalty is incorporated to discourage erring consumers as otherwise other consumers are likely to be affected without any fault on their part. 6.With the above background, the two main contentions of the petitioners are required to be considered. 7.It is not disputed that for the purpose of finding out and calculating the low power factor, a Circular was issued informing the various consumers that electronic meter to record such power factor was installed and the consumers were advised to ensure that the power factor should be maintained over 0.85 lag. To maintain such power factor at the stipulated level, a capacitor can be installed and in fact most of the petitioners had done so. The omnibus contention that such low power factor is being calculated unilaterally without any opportunity does not appear to be acceptable as a circular had been issued for installing such an electronic meter and it cannot be said that the consumers did not have any notice. 8.Coming to the question of the authority to impose any penalty for low power factor, it is necessary to refer the provisions contained in the Tamil Nadu Revision of Tariff on supply of Electrical Energy Act, 1979 (Act No.1 of 1979) (hereinafter referred to as “the Act”). The Tamil Nadu Revision of Tariff on supply of Electrical Energy Act, 1979 (Act No.1 of 1979), is an Act to provide for revision of tariff rates leviable on electric energy supplied in this State by the Tamil Nadu Electricity Board. Under Section 2 (b) 'Tariff' means "the rate of tariff leviable upon the consumption of any electrical energy in this State supplied by the Tamil Nadu Electricity Board and as specified in the Schedule to this Act." Section 3 reads as follows: "Tariff rates for consumption of electrical energy.-- Notwithstanding anything contained in the Tamil Nadu Essential Articles Control and Requisitioning (Temporary Powers) Act 1949 (Tamil Nadu Act XXIV of 1949), the tariff rates payable to the Tamil Nadu Electricity Board by any consumer on the electrical energy supplied by the Board shall be as specified in the Schedule to this Act." Under Section 4, the State Government is empowered to amend the Schedule by notification. By virtue of G.O.Ms.No.3,