SELVI SPINNING MILL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD Mr. N.L. Rajah, learned counsel appearing for Mr.R.S.Pandiyaraj, Mr. S.Sivanandam and Mr. K. Seshadri in W.P. Nos: 31219, 32748 and 32749 of 2012; Mr. S. Sairaman, learned counsel appearing in W.P. No. 9862 of 2012 and Mr. M. Kamalanathan, learned counsel appearing in W.P. No. 7222 of 2012 and Mr. P.H. Aravind Pandian, learned Additional Advocate General assisted by Mr.R.Vijaya Kumar learned Additional Government Pleader and Mr. G. Vasudevan, Mr.P.Gunaraj, Mr.SK.Rameshwar and Mr. M. Varunkumar learned counsel appearing for the respondent / Tamil Nadu Electricity Board in all the writ petitions.

(2.) IN all these writ petitions what is challenged is the bills of January, 2012 to December 2012 regarding the respective service connection of the petitioners in so far as it related to excess charges in Clause 13 (f) of the Bill for exceeding the limits and seeking to quash the same as illegal, arbitrary, without authority of law and for a consequential direction to the 5th respondent to forbear from taking energy adjusted instead of energy available to the credit of petitioners for the purpose of equivalent demand quota calculation during subsequent period till the load shedding is in force during normal and peak hour.

(3.) THE Chief Financial Controller / Revenue, TANGEDCO, has filed a counter affidavit on behalf of the respondents, and inter alia stating that due to increase in demand of power and shortage in generation, the Government of Tamil Nadu has implemented Restriction and Control measures on the usage of electricity to all Industrial consumers in the State. Based on the order of the Government, a notice dated 01.11.2008 was communicated to all HT consumers containing instructions for Power cut. The Tamil Nadu Electricity Regulatory Commission was also pleased to approve the Restriction and Control measures issued in this regard. In the said order it has been clearly mentioned that the quota for the use of power will be fixed based on the consumption of the consumer for the period from October 2007 to October 2008. The highest consecutive three months average energy consumption during the aforesaid period will be arrived as Base Energy and 40% cut on energy has been imposed. The remaining 60% has been fixed as Energy Quota. The base demand has been arrived as the maximum recorded demand in the HT service during the aforesaid period subject to the condition that if the maximum recorded demand exceeds sanctioned demand, the sanctioned demand is base demand and 40% cut on the base demand has been imposed . The remaining 60% has been fixed as demand quota. However, during the peak hours (18.00 hrs to 22.00 hrs), petitioners have been permitted 10% of the demand and energy quota plus transformer loss as a peak hour demand and energy quota for lighting and security purposes only. The aforesaid statement has been explained by the following illustration: