CHENDUR PAPER MILLS (P) LTD Vs. TAMIL NADU ELECTRICITY BOARD; SUPERINTENDING ENGINEER ERODE ELECTRICITY DISTRIBUTION

JUDGEMENT

(1.) The petitioners, who are high tension electricity consumers with the respondents/Electricity Board, have filed these writ petitions challenging the orders of rejection passed by the respective Superintending Engineers refusing to extend the tariff concession sought for by them. In all the writ petitions, pleadings are common and the arguments raised by the learned counsel appearing for the petitioners as well as the respondents are identical. Therefore, by consent of counsel on either side, these writ petitions are taken up together and are disposed of by this common order.

(2.) (i) For the purpose of narration of facts, first the pleadings in WP No. 17279 of 2014 are taken up for consideration. In this case, the petitioner company established the paper mill and also applied for supply of electricity service connection for running their mill. On 26.04.1995, the second respondent sanctioned supply of electricity service connection and requested the petitioner to comply with certain conditions stipulated by them. On 22.04.1996, the petitioner demanded the second respondent to provide electricity service connection to their mill. In that letter, it was also stated that they are ready to avail the power supply. On 05.10.1996, the second respondent required the petitioner to deposit Rs.2,39,250/- towards development charges, service collection, meter caution deposit and other charges. Accordingly, the petitioner has drawn a demand draft on 09.10.1996 in favour of the second respondent. Thereafter, by proceedings dated 20.01.1997, the second respondent required the petitioner to sign an agreement, which was also signed by the Managing Director of the petitioner company. However, only on 03.12.1997, the second respondent effected supply of electricity service connection to the petitioner mill. Therefore, a dispute arose regarding the availing of tariff concession for high tension industries inasmuch as the second respondent contended that the petitioner is not entitled for such concession when the supply itself was effected only after the cut off date viz., 14.02.1997. Therefore, the petitioner questioned the refusal to extend the tariff concession by filing writ petition No. 11310 of 1998 before this Court and on 04.08.1998, this Court granted interim order in WMP No. 17242 of 1998 permitting the petitioner to pay the electricity charges at concessional rate. This Court also directed the petitioner to furnish bank guarantee with respect to the difference between the tariff rate and the concessional tariff. This Court also held that if ultimately the petitioner could not succeed in the writ petition, they have to pay the differential amount with 15% interest per month. Ultimately, the writ petition itself was disposed of on 23.06.2006 directing the respondents/electricity board to consider the claim made by the petitioner for extension of tariff concession to them based on the letter dated 22.04.1996 of the petitioner.

(3.) (i) In yet another writ petition in WP No. 18061 of 2014 filed by M/s. EKM Engineering Products Exports (India) Limited, it was mainly contended that the petitioner applied for supply of electricity on 05.12.1995, however, such application was not processed by the Electricity Board. The petitioner sent reminders on 23.12.1995, 30.01.1996 and 20.02.1996 requesting the respondents to process their application for effecting power supply. On 26.02.1996, a feasibility report was given to the petitioner company after inspection. However, nothing was heard from the respondents for a considerable length of time, therefore, on 20.03.1996, the petitioner sent a letter requesting them to accord approval for supply of electricity in time. Thereafter, on 05.04.1996, the petitioner was called upon to remit the EMD charges to the tune of Rs.5,10,000/- which the petitioner remitted on 22.04.1996. After such deposit, the respondents did not effect the service connection which necessiated the petitioner to send yet another reminder on 14.11.1996. On 11.02.1997, the petitioner also sent a letter intimating their readiness to the respondent to get the high tension service connection inasmuch as all the civil and electrical works required for obtaining such service connection were made ready. On 13.02.1997, an inspection was conducted by the officials of the Electricity Board and confirmed the preparedness of the petitioner to take the electricity service connection. Thus, the petitioner company was ready to get the power supply even before the cut off date viz., 14.02.1997. While so, on 03.03.1997, the petitioner was directed to pay Rs.5,18,440/- towards development charges, service connection charges and meter caution deposit, which was also paid by the petitioner on 07.03.1997. Thereafter, only on 18.06.1997, power supply was effected to the petitioner company. Inspite of the above compliance, by a letter dated 16.08.1997, the petitioner was informed that they are not entitled or eligible to avail power tariff concession in view of the order passed by the Government in G.O. Ms. No.17 dated 14.02.1997 wherein it was ordered that new high tension industries which were set up after 15.02.1997 are not eligible for power concession. Subsequently, a clarification letter was issued clarifying that the word "set up" would mean and include those high tension industries for which power supply was actually extended on or before 15.02.1997. The petitioner thereafter filed WP No. 14699 of 1997 challenging the clarification letter issued by the Government. Similar writ petitions filed by the other companies were also taken up by this Court. This Court ultimately held that the industries which were established on or before 14.02.1997 are entitled to the tariff concession, provided, it has to be established before the respective Superintending Engineer by producing documentary evidence. Aggrieved by the same, the Electricity Board filed W.A. No. 1289 of 1999 etc., batch. The Division Bench, by judgment dated 19.07.2005 disposed of the appeals by holding that the industries which have been established before 14.02.1997 as well as those industries for which electricity connection may not have been given prior to 15.02.1997 are entitled for tariff concession. As against the judgment dated 19.07.2005 in W.A. Nos. 1289 of 1999 etc., batch, Civil Appeal No. 3940 of 2008 etc., batch were filed before the Honourable Supreme Court. The Honourable Supreme Court, in the judgment dated 16.05.2008 made in Civil Appeal No. 3940 of 2008 etc., batch Tamil Nadu Electricity Board and another vs. Status Spinning Mills Limited and another, 2008 5 MadLJ 1267 , held that the eligibility of the individual consumers has to be examined in detail by the appropriate authority.