High CourtsSingle Bench(2011) 03 MAD CK 0420

Sundaram Fasterners Ltd. vs Tamil Nadu Electricity Board and The Superintending Engineer, Tamil Nadu General and Distribution Corporation Ltd.

Madras High Court · Decided on 29 March 2011

HON’BLE JUDGES
R. Sudhakar, J
CASE NUMBER
Writ Petition No. 7905 of 2011

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Judgment

8 paragraphs · 331 words

R. Sudhakar, J.—Writ Petition No. 7905 of 2011 is filed praying to issue a Writ of Mandamus, directing the Respondents to adjust the Cross Subsidy Surcharge collected in the month of January and February 2011 respectively in Bill Nos. 1496 dated 31.12.2010 and 31.1.2011 respectively with the ensuing current consumption bill.

2.

Writ Petition No. 7906 of 2011 is filed praying to issue a Writ of Mandamus, directing the Respondents to adjust the Cross Subsidy Surcharge collected in the month of December 2010 in Bill No. 1739 dated 30.11.2010 with the ensuing current consumption bill.

3.

Sri A. Selvendran learned Counsel appears for the Respondents electricity board in both writ petitions.

4.

The relief sought for in both Writ Petitions is one and the same. Hence, by consent of both parties, both writ petitions are taken up together for final disposal.

5.

The demand of cross subsidy was considered by this Court in W.P. Nos. 3696 to 3698 of 2011 and by order dated 15.2.2011, this Court passed the following order:

6.

In view of the above Amended Circular dated 8.2.2011 issued by the Tamilnadu Transmission Corporation Limited, the demand of Cross Subsidy Surcharge in respect of each one of the HT Consumer is set aside. The Respondents authorities are directed to adjust the amount, if any, paid by the HT Consumers/writ Petitioners towards Cross Subsidy Surcharge, in the future current consumption bills.

6.

The present issue is covered by the very same issue as above. The present claim for cross subsidy is relatable to the period December, 2010, January, 2011 and February 2011. The order of this Court passed in W.P. No. 3696 to 3698 of 2011 as above will apply to this case also. Accordingly, the impugned bills are set aside and the authorities are directed to adjust the amount, if any, paid by the HT Consumers/writ Petitioners towards Cross Subsidy Surcharge, in the future current consumption bills.

7.

Both the writ petitions stands ordered as above. No costs.