HARIHAR ALLOYS PVT. LTD Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) THE prayer in the writ petition is for issuance of a writ of Certiorarified Mandamus, to quash the Bill dated 28.11.2010, issued by the first respondent in so far as it relates to charges for reliability/additional power and to forbear the respondents from charging additional reliability power without following the procedure set out in the order passed by the Tamil Nadu Electricity Regulatory Commission (TNERC), dated 05.01.2001 in M.P.No.21 of 2010.

(2.) THE petitioner is a High Tension consumer running a foundry and they are carrying on business under the name and style of Harihar Alloys Private Limited and Harihar Forgings (P) Ltd., for the said two units two High Tension Service Connections bearing S.C.No.121 & S.C.No.123 has been granted. The grievance of the petitioner in this writ petition is relating to the demand raised by the first respondent, demanding reliability charges in the Bill dated 28.11.2010 to the tune of Rs.5,01,801.30/-. This demand is in respect of the service connection bearing S.C.No.121.

(3.) ACCORDING to the first respondent based on the direction/order of the TNERC, a communication dated 18.09.2010, was addressed to the petitioner stating that all the High Tension Consumers of the circle are requested to furnish their requirements of additional power on reliability charge on per day basis for peak hours and off peak hours from October 2010 to March 2011 in the format given in the letter on or before 22.09.2010, 2.00 p.m. In respect of service connection No.121, the petitioner by letter dated 21.09.2010, furnished the additional power requirement as called for. In respect of service connection No.123, based on a communication sent by the petitioner through e-mail on 01.11.2010, followed by a letter even dated, the first respondent accepted the same and they have not sanctioned the said additional power on reliability charges. The dispute now lies only in respect of S.C.No.121. The stand taken by the first respondent is that the petitioner on their own volition furnished the details of additional power requirement and the same was processed and by proceedings dated 01.11.2010, 2785 units were allotted to them during evening peak hour and even if the petitioner has not utilized the additional power, they are bound to pay reliability charges as the Board has purchased the power from other source at higher rate.