Sree Saravana Balaji rep by its Authorised Signature A. Balamurugan v. Tamil Nadu Electricity Regulatory Commission rep by its Secretary Egmore
2013-02-05
M.JAICHANDREN
body2013
DigiLaw.ai
Judgment 1. Since, the issues involved in all the writ petitions are similar in nature, they have been taken up together and a common order is being passed. 2. Heard the learned counsels appearing for the parties concerned. 3. The learned counsels appearing for the parties concerned had submitted that this Court had passed an order, dated 4.1.2013, in a batch of writ petitions, in W.P. Nos. 28429 of 2012 (batch), relating to the imposition of extra levy for exceeding limits of the Demand Quota, in respect of Evening Peak Energy and Demand. Paragraphs 14, 15 and 16 of the said order read as follows: "14. The questions raised in these writ petitions are issues which were already adjudicated before the Appellate Tribunal for Electricity more particularly in respect of excess charges for exceeding the limit during the peak hours; load shedding during peak hours which resulted in extra levy as alleged to have been unauthorized and not taking note of the approval of the transmission of power from the source and not permitting the petitioners to avail the transmission facility of power. It is also the specific stand of the petitioners that excess charges for the bills for the various months is illegal and is liable to be set aside for the reason that it was done without giving an opportunity of hearing. It is also the contention of the petitioners that for earlier months also petitioners were levied with evening peak hour penalty due to load shedding and they had paid without knowing the legal consequences and that they are contemplating to take steps for getting refund of such penal levy. Therefore, these issues falling under the relevant provisions of the Act has been seized of by the Electricity Regulatory Commission as well as the Appellate Tribunal for Electricity which had rendered its findings, as referred to above, on 12.12.2012 with certain observations and modifications and remanded the matter back to the Tamil Nadu Electricity Regulatory Commission to pass a consequential order within 30 days from the date of receipt of the communication of the judgment.
It is also materially pleaded by the respondents that the circumstances under which the memo dated 17.11.2008 came to be filed and thereafter, the steps taken by them before the Tamil Nadu Electricity Regulatory Commission as per the orders of this Court made in W.P. No. 12448 of 2009 and thereafter, orders have been passed by the T.N.E.R.C. on 28.11.2008, which came to be modified on 28.10.2009. As to what is the date of effect of the order are all matters of concern before the Tamil Nadu Electricity Commission to look into in view of the finding rendered by the Appellate Tribunal for Electricity. 15. In the light of the above stated position, the learned counsel for the parties would suggests that all these writ petitions may be disposed of by giving a direction to the T.N.E.R.C. to conclude the proceedings as directed by the Appellate Tribunal within a time frame reserving the right of every petitioner to adjudicate the matter before the Electricity Commission including the petitioners who are not before the State Commission as well as the appellate Commission so far. 16. Thus taking into consideration the above stated circumstances and looking into the grievance put forth by the writ petitioners and the stand taken by the respondents that as per the orders of this Court, the State Commission has considered the claim raised in the case of Indian Wind Power Association and South Indian Spinning Mills Association in M.P. Nos. 42 and 32 of 2010 respectively and the Commission, by its order dated 28.12.2011, has ordered that the equivalent demand should be arrived based on the actual adjusted units only, and the subsequent fact that Indian Wind Power Association and South Indian Spinning Mills Association has filed appeal petitions before the Appellate Tribunal for Electricity and that the Appellate Tribunal has rendered its findings to the effect as stated supra, it would be appropriate to direct the Tamil Nadu Regulatory Commission to adjudicate the matter as directed by the Appellate Tribunal in its order dated 12.12.2012 made in Appeal Nos. 51 and 56 of 2012 within the time frame fixed by the appellate tribunal. It is made clear that petitioners are at liberty to adjudicate all the issues and questions raised in these writ petitions before the Commission and the Commission shall look into the same by giving them an opportunity of hearing.
51 and 56 of 2012 within the time frame fixed by the appellate tribunal. It is made clear that petitioners are at liberty to adjudicate all the issues and questions raised in these writ petitions before the Commission and the Commission shall look into the same by giving them an opportunity of hearing. Similarly, it is needless to say that the Commission shall take into account all the relevant provisions of law and the discussions and decision arrived at by the Appellate Tribunal in its order dated 12.12.2012. All the writ petitions stand disposed of accordingly. Till such time the Commission takes a decision, the parties to this proceeding are directed to maintain status quo as on date. Connected miscellaneous petitions are closed. There shall be no orders as to the costs." 4. The learned counsels appearing for the parties concerned had submitted that in view of the earlier order passed by this Court, on 4.1.2013, in a batch of writ petitions, in W.P.Nos.28429 of 2012 (batch), the matters may be referred to the Tamil Nadu Electricity Regulatory Commission, for the adjudication of the issues arising for the consideration of this Court, in the present writ petitions. Accordingly, the writ petitions are disposed of, referring the matters to the Tamil Nadu Electricity Regulatory Commission, to adjudicate the issues arising for its consideration, by following the necessary procedures, as expeditiously as possible, taking into consideration, the directions issued by the Appellate Tribunal for Electricity, by its order, dated 12.12.2012. However, it is made clear that till a final decision is made, by the Tamil Nadu Electricity Regulatory Commission, as directed by this Court, by this order, no recovery shall be made by the respondents from the petitioners, pursuant to the impugned current consumption bills relating to imposition of Extra Levy for exceeding limits of Demand Quota, in respect of Evening Peak Energy and Demand. No costs. Connected M.P.Nos.1, 1 and 1 of 2013 and M.P.Nos.2, 2 and 2 of 2013 are closed.