SUNDARAM FASTERNERS LTD Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) THESE writ petitions are filed to call for the records of the second proposed in its impugned communication in Lr.No.Dir/F/FC/R/D.No. /10 dated 26.11.2010, and the clarification in Lr.No.Dir/F/FC/R/D.No. /10 dated 21.12.2010, as also consequent bill No.1396, 1766 and 1688 respectively dated 31.1.2011 for the month of January 2011 insofar as it relates to levy of cross subsidy surcharge and quash the same as being arbitrary and illegal and consequently direct the respondents to continue to permit the petitioner to avail supply of power from third party sources as also from its own sources without levying cross subsidy surcharge till such time restriction and control measures are withdrawn.

(2.) SRI K. Seshadri learned counsel appears for the petitioners. SRI A.Selvendran , learned counsel appears for the respondents electricity board.

(3.) 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."