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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MOHAMMED SHAFFIQ, J.
Valli Textile Mills, Unit of Loyal Textile Mills Ltd., Rep. by its Senior Vice President, M.E. Mannivannan, N. Venkateswarapuram, N. Subbiahpuram, Sattur - Appellant
Versus
The TANGEDCO, Rep. by its Chairman, Chennai & Others - Respondent
W.P. No. 29338 of 2015 & M.P. Nos. 2 to 4 of 2015
Decided On : 16-06-2022
Writ Petition - Central Electricity Authority Regulations - Part IV of CEA Regulations, 2007 - The court discussed the applicability of the CEA Regulations to consumers connected at different voltage levels and the authority of CEA to specify Grid Standards for operation and maintenance of transmission lines. The court found that the CEA Regulations are applicable only to consumers connected at 33kv or above and not to consumers drawing power below 33kv. The impugned demands were quashed based on the above interpretation.
Fact of the Case:
The petitioner filed a Writ Petition under Article 226 of the Constitution of India, seeking to quash the demand notice issued by the 2nd respondent for harmonic compensation charges. The petitioner argued that the CEA Regulations were not applicable to consumers drawing power below 33 kV.
Finding of the Court:
The court found that the CEA Regulations are applicable only to consumers connected at 33kv or above and not to consumers drawing power below 33kv. The impugned demands were quashed based on this interpretation.
Issues: The main issue was the applicability of the CEA Regulations to consumers drawing power below 33 kV.
Ratio Decidendi: The court relied on the interpretation of the CEA Regulations and the authority of CEA to specify Grid Standards for operation and maintenance of transmission lines. It found that the Regulations are applicable only to consumers connected at 33kv or above.
Final Decision: The writ petition was allowed, and the impugned demands were quashed. No costs were awarded, and connected miscellaneous petitions were closed.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent in issuing the impugned demand notice bearing Ref.No.Lr.SE/VREDC/VDR/DFC/AO/Rev/AAO/HT/D No.232/15 dated 11.03.2015 and the letter bearing Ref.No.Lr.No.SE/VREDC/VDR/AO/RCS/AAO/HT/AS1/Harmonics/D No.798/14 dated 22.08.2015 and quash the same and consequently forbear the 1st, 2nd and 3rd respondents, their men, officers, agents, servants, representatives and/or any one claiming through or under them and/or any other person from in any manner levying, demanding and/or collecting harmonic compensation charges for harmonics dumping from the petitioner for their HT SC No.65 either through the monthly High Tension Bills.)
1. The writ petition is filed praying for a Writ of Certiorarified mandamus calling for the records of the 2nd respondent in issuing the demand notice bearing Ref.No.Lr.SE/VREDC/VDR/DFC/AO/HT/D No.232/15 dated 11.03.2015 and the letter bearing Ref.No.Lr.No.SE/VREDC/VDR/AO/RCS/AAO/HT/AS1/Harmonics/D No.798/14 dated 22.08.2015 and quash the same.
2. The petitioner is connected to 22 kV load level. It is thus submitted that Part IV of Central Electricity Authority (Technical Standards for Connectivity to the Grid) Regulations, 2007 [hereinafter referred to as "CEA Regulation"] is not applicable, for the same would apply only to consumers availing supply at voltage of 33 kV or above and not to consumers drawing power below 33 kV.
3. The learned counsel for the petitioner and the respondents in unison submitted that the issue raised in the present writ petition stands covered by the judgment of this Court in W.P.No.25 of 2015 [M/s.S.Palaniyandi Mudaliar Memorial Hospital vs. TANGEDCO] dated 05.06.2017, wherein this Court was pleased to issue the following order, the relevant portions of which is 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 Licensee or Bulk Consumer, who is seeking connection of his new or expanded electrical plant to the Grid at voltage level 33kv and above.
A conjoint reading of the above said provisions show that a person such as, Generating Company including captive generating plant or Transmission Licensee or Distribution Licensee or Bulk Consumer, whose electrical plant is connected to the grid at voltage level 33 kv and above. Therefore, it is clear that the above said Regulations are applicable to only those consumers whose electrical p
AI
The main legal point established in the judgment is the interpretation of the Central Electricity Authority Regulations and their applicability to consumers at different voltage levels.
The main legal point established in the judgment is that the Central Electricity Authority (CEA) Regulations, 2007, and the Electricity Act, 2003, only apply to consumers connected to the grid at vol....
The central legal point established in the judgment is the limited applicability of the CEA Regulations to consumers connected at 33kv and above, and the absence of specified standards for harmonics ....
The main legal point established in the judgment is that the Central Electricity Authority (CEA) Regulations, specifically Part IV, are applicable only to consumers connected at 33kv or above, and no....
The main legal point established in the judgment is that the CEA Regulations, 2007, and Section 34 of the Electricity Act, 2003, apply only to consumers connected to the grid at a voltage level of 33....
The central legal point established in the judgment is that compensation charges for harmonics dumping can only be imposed after a subsequent inspection and measurement as required by Clause 6.1(ii) ....
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