JUDGMENT/ORDER :

Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the records of the 2nd respondent in the impugned letter bearing No.Lr.No.SE/EEDC/ED/AEE/DEV/JE/CI II/F.Harmonics/R 679/13 dated 03.09.2013 ending with the order of the 2nd respondent in Lr.No.SE/EEDC/A/CS.BR/HT/A5/F.HTSC.364 Harmonics/D.398/2015 dated 13.05.2015 and quash the same and forbear the 1st and 2nd respondents, their men, officers, agents, servants, representatives and / or anyone claiming through or under them and / or any other person from in any manner insisting on harmonic control and levying, demanding and / or collecting charges and compensation for harmonics dumping from the petitioner for their HT SC No.364 either through the CC Bills or in any other manner who is connected with 11 KV supply line.

Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the records of the 2nd respondent in the impugned letter bearing No.Lr.No. SE / GEDC/ AAE.GL / FA/F.Harmonics/D.No.700/15 dated 20.02.2015 ending with the order of the 2nd respondent in Lr.No.SE/G/DFC/HT/AS2/F.Harmonics com. Charges/D.No.140/2014 dated 12.05.2015 and quash the same and forbear the 1st and 2nd respondents, their men, officers, agents, servants, representatives and / or anyone claiming through or under them and / or any other person from in any manner insisting on harmonic control and levying, demanding and / or collecting charges and compensation for harmonics dumping from the petitioner for their HT SC No.90 either through the CC Bills or in any other manner who is connected with 11 KV supply line.

1. The impugned demand notice passed by the second respondent dated 13.05.2015 and 12.05.2015 respectively, are sought to be quashed in these writ petitions and a further direction is also sought to forbear the 2nd respondent from in any manner levying, demanding and/or collecting surcharges for not providing the harmonic controls from the petitioners, who are connected with 11 KV supply line.

2. The relief sought for in the present writ petitions is similar to the relief sought for by the writ petitioners in a batch of writ petitions in W.P.NO.25 OF 2015 [M/S.S.PALANIYANDI MUDALIAR MEMORIAL HOSPITAL VS. TANGEDCO] ETC. AND BATCH, which was decided by this Court on 05.06.2017.

3. The relevant paragraphs of the said order are extracted hereunder:

“24. In view of the above, since the harmonics have several undesirable effects and affects power quality, on 21.02.2007, the Central Electricity Authority (CEA) introduced a new Regulation and accordingly, its Technical Standards for Connectivity to the Grid Regulations, 2007, came for enforcement. Applicability of the Regulations is provided in Regulation 3, which reads as under:

“3. Applicability of the Regulations –These Regulations shall be applicable to all the users, requesters, Central Transmission Utility and State Transmission Utility.”

It is clear from the above that the said Regulation is applicable only to four categories, namely, Users, Requesters, Central Transmission Utility and State Transmission Utility.

25. In this context, let me find out the meaning given under the CEA Regulations, 2007, for Users and Requesters. Section 2(34) defines the meaning of “User”, which is given as under:-

“2(34)-- User means a person such as, a Generating Company including captive generating plant or Transmission Licensee (other than the Central Transmission Utility and State Transmission Utility) or Distribution Licensee or Bulk Consumer, whose electrical plant is connected to the grid at voltage level 33kv and above.”

Section 2(25) defines the meaning of “Requester”, which is given as under:-

“2(25)-- Requester means a person, such as a Generating Company including captive generating plant or Transmission Licensee (excluding Central Transmission Utility and State Transmission Utility) or Distribution License