2025:MHC:834 IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 01.08.2024 Pronounced on: 22.12.2024 CORAM THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.Nos.22000, 23991, 30027, 31282, 31308, 31304, 32145 & 32150 of 2022 and

21742, 28323 & 35843 of 2023, and 920, 1707, 5051, 5057, 6243, 6247, 6248, 7742, 7751, 7746 & 15766 of 2024 and W.M.P.Nos. 21026, 21029, 28891, 21028, 22970, 22971, 29438, 29440, 30716, 30718, 30720, 30744, 30745, 30746, 30737, 30738, 30739, 31566, 31567, 31568, 31570, 31571 & 31572 of 2022 and 21095, 27845, 27847, 27851, 35830, 35832, 35833 of 2023 and 956, 957, 954, 1756, 1753, 1755, 5552, 5554, 5556, 5561, 5562, 5563, 6936, 6940, 6941,6928, 6933, 6927, 8656, 8657, 8662, 8671, 8665, 8668, 17171 & 17172 of 2024 W.P.No.22200 of 2022:

The South India Spinners Association (Regd. No.157/199)

Site No.17 – 19, Teachers’ Colony, Goldwins, Civil Aerodrome Post, Coimbatore – 641 014 Represented by its President, J.Selvan. ...Petitioner Vs.

1.The Chairman cum Managing Director Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) NPKRR Maaligai, 144, Anna Salai, Chennai – 600 002.

2.The Chief Financial Controller – Revenue Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) NPKRR Maaligai, 144, Anna Salai, Chennai-600 002.

3.Tamil Nadu Electricity Regulatory Commission, Represented by its Secretary, SIDCO Corporate Office Building, 4th Floor, Thiru.Vi.Ka. Industrial Estate, Guindy, Chennai-600 032.

4.The Government of Tamil Nadu, Represented by its Secretary to Government, Energy Department, Fort St. George, Chennai-600 009. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus forbearing the Respondents 1 & 2 or their subordinates from levying and collecting the network charge from the members of the Petitioner Association with effect from 22.10.2021 retrospectively on the basis of the letter of 2^nd Respondent Lr. No.CFC/REV/FC/REV/AO/REV/F: Network Charges/D.294/22 dated 04.04.2022 and consequently refund / adjust, if already collected for Network Charges from Rooftop Solar generation and also not to disconnect service connection for non-payment of Network charges from the members of the Petitioner Association, in pursuance of the Order No.8 of 2021 dated 22.10.2021 passed by the 3^rd Respondent.

C O M M O N O R D E R

This order disposes 22 Writ Petitions, of which one has been filed by the South India Spinners Association and the remaining by individual consumers. All Writ Petitioners challenge demand notices in so far they relate to the component of network charges in respect of the energy produced by Rooftop Solar Generators (in short ‘RSG’) under Generic Tariff Order No.8 of 2021, retrospectively, with effect from 22.10.2021.

2. The submissions on behalf of the petitioners are by Ms.AL.Gandhimathi, learned Senior Counsel appearing for Mr.M.Kamalanathan, Mr.Rahul Balaji, Mr.S.P.Parthasarathy and Mr.G.Mani Prabhu and by Mr.Richardson Wilson, learned counsel for the respondents. Learned counsel have been heard and relevant documents and cases cited at the Bar, have been taken into account in penning this decision.

3. The petitioners are aggrieved by the demand charges that have been levied on HT/LT prosumers at the rate of 0.83 paisa for HT prosumers and Rs.1.27 paisa for LT prosumers on the generation of units from solar plants. They po