Case Note & Summary
The present intra-Court Appeals were instituted by the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) challenging a common writ order dated 31.01.2022 in W.P.Nos.29944 & 29947 of 2019. The first respondent, a farmers' association (Odapalli Pappampalayam Neerettru Pasana Sangam), had filed the writ petitions challenging an order dated 12.06.2019 issued by the Superintendent Engineer, which declined their request for refund of Current Consumption charges. The writ court, after adjudication, formed an opinion that the authorities had to consider the ground raised by the petitioner in their affidavit. Thus, the matter was remanded back to the Board to consider the representation and pass appropriate orders on merits. The appellant TANGEDCO contended that the first respondent was not eligible for refund and that reasons were stated in the proceedings dated 12.06.2019. The appellate court observed that since the matter had been remanded back to the Board for fresh consideration, there was no impediment for the authorities to consider the issues afresh if any representation was submitted by the first respondent and pass appropriate orders on merits and in accordance with law. Consequently, the writ appeals were dismissed. No costs. Connected miscellaneous petitions were closed.
Headnote
A) Electricity Law - Refund of Current Consumption Charges - Remand for Fresh Consideration - The writ court remanded the matter to the Board to consider the petitioner's representation afresh, as the Board had declined the refund request without proper consideration of the grounds raised. The appellate court held that since the matter was remanded, there was no impediment for the authorities to consider the issues afresh and pass appropriate orders on merits. (Paras 3-6)
Issue of Consideration
Whether the writ court's order remanding the matter to the Board for fresh consideration of the refund claim was justified.
Final Decision
The writ appeals were dismissed. No costs. Connected miscellaneous petitions were closed.
Law Points
- Remand order
- fresh consideration
- no final adjudication on merits
- writ court's discretion to remand
Case Details
2026 LawText (MAD) (03) 300
WA Nos. 2572 & 2575 of 2023 and CMP No. 21748 of 2023 & CMP No. 21742 of 2023
S. M. Subramaniam, K. Surender
Mr.Syedsibighatulla for Mr.S.Kalaiselvan, Standing Counsel for TANGEDCO; Dr.S.Suriya, Addl.G.P.for R1 and R2
The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd. & The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd.
The President, Odapalli Pappampalayam, Neerettru Pasana Sangam & The Secretary, Energy Department, Government of Tamil Nadu
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Nature of Litigation
Intra-Court Appeals against a common writ order remanding the matter to the Board for fresh consideration of a refund claim for Current Consumption charges.
Remedy Sought
The appellant TANGEDCO sought to set aside the writ court's order dated 21.01.2022 and allow the writ appeals.
Filing Reason
The appellant challenged the writ court's order remanding the matter to the Board for fresh consideration of the first respondent's representation for refund of Current Consumption charges.
Previous Decisions
The writ court in W.P.Nos.29944 & 29947 of 2019 had remanded the matter to the Board to consider the representation and pass appropriate orders on merits.
Issues
Whether the writ court's remand order was justified.
Submissions/Arguments
The appellant contended that the first respondent is not eligible for refund and reasons were stated in the proceedings dated 12.06.2019.
Ratio Decidendi
Since the matter has been remanded back to the Board for fresh consideration, there is no impediment for the authorities to consider the issues afresh, if any representation is submitted by the first respondent, and pass appropriate orders on merits and in accordance with law.
Judgment Excerpts
Since the matter has been remanded back to the Board for fresh consideration, there is no impediment for the authorities to consider the issues afresh, if any representation is submitted by the 1st respondent and pass appropriate orders on merits and in accordance with law.
Procedural History
The first respondent filed writ petitions challenging the order dated 12.06.2019 declining refund. The writ court remanded the matter to the Board on 31.01.2022. TANGEDCO filed the present intra-Court Appeals against that remand order.
