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2011 DIGILAW 862 (MAD)

Kannapiran Mills Ltd. , represented by its Manager K. Prabakar Raj v. Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), represented by its Director, Chennai

2011-02-17

R.SUDHAKAR

body2011
JUDGMENT :- 1. Writ Petition No.27983 of 2010 is filed praying to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent vide his Circular in Lr.No.Dir/F/FC/R/D.No. /10 dated 26.11.2010, quash the same as arbitrary and illegal and consequently forbear the respondents 1 and 3 from levying, demanding and/or collecting cross subsidy surcharges from the petitioner for purchase of energy from power exchanges and/or third party sources as also from its own sources. 2. Sri R.S.Pandiyaraj, Sri N.L.Rajah, Sri V.Perumal, Sri S.K.Seshadri, Sri R.Murari and Mrs.Radhika Krishnan for M/s.Sarvabhauman Associates learned counsel appears for the petitioners. Sri A.Selvendran and Sri J.Ravindran, learned counsel appears for the respondents electricity board. 3. The relief sought for in all the 58 Writ Petitions are one and the same. Hence, by consent of all parties, all the writ petitions are taken up together for final disposal. 4. All these writ petitions have been filed challenging the imposition of Cross Subsidy Surcharge, inter alia contending that the levy is arbitrary, unreasonable and has no basis. Petitioners have in the meanwhile submitted a memorandum/representation to the Government pending the writ petitions requesting the Government to withdraw the levy of Cross Subsidy Surcharge. 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 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.