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2006 DIGILAW 2877 (MAD)

ABT Parcel Service v. The Superintending Engineer, Chennai Electricity Distribution Circle, Chennai

2006-10-27

V.RAMASUBRAMANIAN

body2006
Judgment :- (Writ Petitions filed under Article 226 of the Constitution of India for the issue of Writ of Certiorarified Mandamus to call for the records on the file of the Respondent in his Tariff Card in respect of Service Connection Nos.212-07-116 and 212-07-117, 74 and A-364, 241 and 910 respectively, demanding Electricity Consumption Charges from the petitioner under Commercial Tariff, quash the same and consequently direct the Respondent to collect Electricity Consumption Charges under Industrial Tariff namely Tariff 3B instead of Commercial Tariff.) Common Order: In all these writ petitions, the short question that arises for consideration is as to whether the petitioners should be charged with Industrial Tariff or with Commercial Tariff in so far as the Electricity Consumption Charges are concerned. 2. Though the petitioners claim that the they are carrying on Industrial activity and that they should be charged only with Industrial Tariff, the Respondent Board had charged the Electricity Consumption Charges in respect of the petitioners with Commercial Tariff. 3. In view of the fact that the writ petitions could be disposed of on a short ground, I have taken up the batch of writ petitions for final disposal by consent of both the parties. 4. I have heard M/s. Hemalatha, learned counsel appearing for the petitioners and Mr.R.Subbiah and Mr.Ravindran learned counsel appearing for the Respondent. 5. The question as to whether a person is carrying on Industrial activity or Commercial activity, is a question of fact which cannot be determined by this Court under Article 226 of the Constitution of India. Therefore, an appropriate remedy open to the petitioners in such cases is to approach the competent authority, especially on the factual details, that the activity carried on by them falls within the definition of Industrial activity or Commercial activity. Therefore, an appropriate remedy open to the petitioners in such cases is to approach the competent authority, especially on the factual details, that the activity carried on by them falls within the definition of Industrial activity or Commercial activity. Since that question cannot be decided by this Court under Article 226 of the Constitution of India, all the above writ petitions are disposed of with the following directions:- (a) the petitioners in all the above writ petitions are directed to file appropriate petitions before the competent authority viz., the Electricity Regulatory Authority or any other authority as per the provisions of the new Act, within two weeks from the date of receipt of copy of this order; (b) upon such petitions being filed before the appropriate authority, the authority concerned shall decide the issue with reference to the terms and conditions of supply and the relevant rules and regulations with reference to the factual details furnished by the parties within a further period of three months; (c) the appropriate authority, who hears such petitions, shall also give an opportunity of personal hearing to the petitioners, if they so desire and communicate the ultimate decision to the petitioners. 6. With the above directions, the above writ petitions are disposed of. No costs. Consequently, connected W.P.M.Ps., are closed.