P. S. G. INSTITUTE OF MEDICAL SCIENCES AND RESEARCH Vs. SUPERINTENDING ENGINEER, COIMBATORE ELECTRICITY DISTRIBUTION CIRCLE

JUDGEMENT

(1.) There are two writ petitions filed by two Medical Institutions questioning the classification of the Teaching Hospital under Tariff III. It is submitted by the learned counsel for the petitioner as well as the Respondent that the issue raised in both the writ petitions are the same. Thus, both the writ petitions may be disposed by a common order. Though, the facts are not identical but the question raised being the same, this Court would refer to the facts in W.P.No.35372 of 2012 and the decision thereon would also bind the parties in the other writ petition viz., W.P.No.15620 of 2015.

(2.) W.P.No.35372 of 2012: The Writ Petition in W.P.No.35372 of 2012 has been filed challenging the order of the respondent dtd. 30/11/2012 in Lr.No.SE/CEDC/M/CBE/DFC/AO/R/HT/ F.PSG/D.No.215/12, passed pursuant to the order of this Court in W.P.No.34073 of 2002 dtd. 27/3/2012. The Respondent vide impugned proceeding dtd. 30/11/2012 had concluded/ found after giving an opportunity of hearing to the petitioner, that the HT service connection No.63 is liable to be classified and charged under Tariff III from June 1993, in terms of Clause 25(3) of the Terms and Conditions of Supply of Electricity Code.

(3.) It is submitted by the learned counsel for the petitioner that the impugned order suffers from the following infirmities and thus liable to be set-aside: