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2019 Supreme(Mad) 1479
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Subramonium Prasad, J.
Wipro Limited, Represented by its General Manager-Facilities Management Group M.N. Ravichandran, Chennai - Appellant
Versus
The Superintendent Engineer, Chennai & Another - Respondent
W.P. No. 12234 of 2009
Decided On : 15-03-2019
For the Petitioner:A. Suresh, S. Ramesh, Advocates.
For the Respondents: S.K. Rameshuwar, Senior Counsel.
Headnote:
Constitution of India - Article 226 - Indian Electricity Act - Section 43 - Quash same and direct respondents to refund - Calling for records – Tenant - That petitioner started activities for construction of its Unit - Building location for construction of Information Technology Park was submitted to Chennai Metropolitan Development Authority on Requisite consent under Air Pollution and Water Pollution Act was applied for with Tamil Nadu Pollution Control Board - Clearances of environment and forest was obtained - Chennai Metropolitan Development Authority granted approval - Land which was allotted to petitioner was reclassified as General Industrial use Zone from open space and Recreational and use Zone - No objection was sanctioned – Held, fact that a single judge judgment of this Court had directed respondent to supply electricity without insisting on a completion certificate is no answer for non-payment of monthly minimum charges which is livable under electricity board - judgment of Division Bench in is a judgment in ram and it binds electricity board and electricity board is duty bound to comply with order of Division Bench - order of learned single Judge exempting petitioner from monthly minimum charges as stated earlier would not exempt petitioner from paying monthly minimum charges - First availability notice and second availability notice have been issued after judgment of Division Bench - circular is also in compliance with order of Division Bench - said circular cannot be held void by Electricity Ombudsman with great respect Electricity Ombudsman have jurisdiction to strike down a circular issued by electricity board - Electricity board is bound by its circular and Division Bench and was therefore justified in insisting on completion certificate - Electricity can be supplied only if all formalities and all requirements under law are completed - Without giving completion certificate petitioner was not entitled to supply of electricity - There is no mandate under Section 43 of Indian Electricity Act which says that without completion of all necessary requisites it is still duty of distribution agency to supply electricity – Petition is dismissed
JUDGMENT :
(Prayer: Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, calling for the records on the file of 1st respondent relating to the letter No.SE/CEDC/S/AEE/GI/Dev/F.Doc./D.1982/2008 dated 10.09.2008 and to quash the same and direct the respondents to refund the sum of Rs.87,72,414/- together with interest, which was paid on 17.09.2008 by way of pay order No.999706 drawn on HSBC Bank.)
1. That the instant writ petition is for a writ of mandamus calling for the records of the first respondent relating to the letter No.SE/CEDC/S/AEE/GI/Dev/F.Doc./D.1982/2008 dated 10.09.2008 and to quash the same and direct the respondents to refund the sum of Rs.87,72,414/- together with interest, which was paid on 17.09.2008 by way of pay order No.999706 drawn on HSBC Bank.
2. The facts in brief are as under:-
(a) The petitioner Wipro Limited is a service provider delivering Information Technology (IT) driven business solutions to meet the strategic objectives of their clients. The petitioner states that it has several "Centers of Excellence" and Software Development Centres all over the Country. It is says that it is a pioneer in this field and creates IT solutions for specific needs of industries all over the world.
(b) The petitioner was granted lease to an extent of 80 acres of land at 138, Sozhinganallur Village, Tambaram Taluk, Kancheepuram District, Tamil Nadu in S.No.602/3 for development of Information Technology in the State of Tamil Nadu. The lease was granted by the Electronics Corporation of Tamil Nadu Limited (ELCOT) for a period of 90 years. The lease deed was executed on 17.08.2005.
(c) That petitioner started activities for the construction of its Unit. The building location for construction of the Information Technology Park was submitted to the Chennai Metropolitan Development Authority (CMDA) on 15.03.2006. Requisite consent, under the Air Pollution and Water Pollution Act was applied for, with the Tamil Nadu Pollution Control Board. Clearances of environment and forest was obtained. The Chennai Metropolitan Development Authority granted approval. The land which was allotted to the petitioner was reclassified as "General Industrial use Zone" from "open space and Recreational and ORR use Zone". No objection was sanctioned. The petitioner applied for 4000 KVA power supply on 13.09.2007 from the Tamil Nadu Electricity Board by paying a sum of Rs. 64,00,500/- towards the registration charges and EMD charges. The petitioner states that it had also submitted the estimated charges, development charges, meter caution deposit etc., amounting to a sum of Rs.16,82,520/- on 30.11.2007.
(d) The Superintendent Engineer, Tamil Nadu Electricity Board, CEDC-South, 110 KV S.S. Complex, K.K.Nagar, Chennai issued an available notice for a period of 3 months, on the condition that the petitioner company produce a completion certificate from CMDA. It was clearly mentioned in the letter that if the certificate was not produced the amount paid by the petitioner would be forfeited. A copy of the letter dated 29.02.2008 is being reproduced for the sake of brevity:-
"Kind Attn.: Mr. RAveendran / ABB-MCBS Tamil Nadu Electricity Board by RPAD
From:
Mr.S.N.Venkatamohan, BE,
Superintending Engineer,
CEDC - South, 110 K.K.Nagar,
S.S. Complex, K.K.Nagar,
Chennai - 600 079.
To,
M/s. Wipro Limited,
Old No.5, No.802/31,
No.138,Sozhinganallur Village,
Tambaram Taluk,
Chennai - 600 119.
Lr. No. SE/CEDC/AEEGL/AE/DEV/F.415/2008 dated 29.02.2008.
Dear Sirs,
Sub.: Electricity-CEDC/South - EOHT Supply for a new Demand of 4000 KVA to M/s Wipro Limited - monthly minimum to be levl-availability issued - regarding.
Ref.1) Regn. No./2007-2008, dated 13.09.2007.
(2) Lr.No.SE/CEDC/AEE/GI/AE/Dev./F Doc. No.2550/2007 dated 23.11.2007.
All board side works have been completed for effecting the HT supply demand to your firm.
You are requested to shall the supply within 3 months from the date of 21.02.2008. It is also informed th
