IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved On : 25.08.2022 Pronounced on : 30.09.2022 CORAM :

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.No.43783 of 2006 and M.P. No.1 of 2006 M/s.Ultratech Cement Limited, Cement Division-South, Reddipalayam P.O., Ariyalur-621 704, Tamil Nadu, Represented by its representative, Shri N.S.Padmanabhan ... Petitioner (Cause Title Amended Vide order dated 16.08.2019 in M.P.No.1 of 2010 in W.P.No.43783 of 2006.)

Vs.

1. The Chief Engineer, Tamil Nadu Electricity Board (Distribution), Trichy Region, Trichy – 600 017.

2.The Superintending Engineer Tamil Nadu Electricity Distribution Circle (North), Mannarpuram, Tiruchirappalli.

3. Executive Engineer (O&M), Tamil Nadu Electricity Board, Ariyalur.

4.Assistant Executive Engineer (O&M), Tamil Nadu Electricity Board, Ariyalur.

5.The Assistant Engineer (O&M), Tamil Nadu Electricity Board, Ariyalur.

6.Tamil Nadu Electricity Board, Rep.by its Chairman, Anna Salai, Chennai.

7.The State 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 a Writ of Certiorari,calling for the records culminating in the order Letter.No.Chief Engineer/Trichy/......./Asst.Executive Engineer/Safety/File.Doc./No.2239/06 dated 06.10.2006 passed by the first respondent and quash the same.

For Petitioner : Mr.Krishna Srinivasan for M/s.S.Ramasubramaniam & Associates For Respondents : Mr.Abul Kalam, Standing Counsel for R1 to R6 Mr.S.Jayachandran, Government Advocate for R7.

ORDER

The writ petition is filed challenging the order of the Appellate Authority dated 06.10.2006, confirming the demand raised by the second respondent vide order dated 04.02.1999.

2. At the outset, it may be relevant to state that Dharani Cements Limited (hereinafter referred to as DCL) was a company incorporated under the Companies Act. Pursuant to a Scheme of Amalgamation ordered/sanctioned by the Hon'ble High Court of Madhya Pradesh and Madras, DCL merged with the petitioner Company. In view of the amalgamations, though the order dated 04.02.1999 is made in the name of DCL, the petitioner as the transferee Company filed this Writ Petition challenging the impugned order dated 04.02.1999, which stands confirmed vide order dated 06.10.2006, which is in the name of Grasim Industries, which is now known as Ultratech Cement Limited.

3.Brief Facts: -

i) The petitioner intended to set up a new industry for manufacture of cement and commenced construction of a new plant in the land adjacent to DCL as it then existed. The lands identified for construction of the new cement plant by the petitioner was demarcated and fenced with independent access and it is stated to be completely cut off from the then existing plant of DCL. The petitioner had for the purpose of construction of a new cement plant set up its own DG Sets. The petitioner applied to the Respondents to grant permission for a temporary electricity connection on payment of the appropriate deposit/fees vide application/letter dated 16.08.1998. The second respondent after verifying and calling for additional documents registered the petitioner's application for 15 MVA power on 13.11.1998. In the meanwhile, there was an inspection by the Assistant Executive Engineer on 04.10.1998 and again on 19.12.1998. On the basis of the above inspection, the Assistant Executive Engineer was satisfied that the petitioner had made its own independent power arrangements for the generation of electricity and also expressed satisfaction of the fact that no power was being drawn by the petitioner from TNEB.

ii) While so, a team of Engineers from Anti Power Theft Squad (APTS) visited the construction site of the petitioner and issued a notice of inspection on 30.12.1998. A Mahazar was drawn which the petitioner's (then DCL) representative, viz, the Deputy General Manager of the petitioner declined to sign as the Mahazar, accor