V.M.Prabakaran v. Executive Engineer/O&M,Revenue Branch,Tamil Nadu Electricity Board,Arakkonam,Vellore District & Ors.

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 16.07.2010CORAMTHE HONOURABLE MR.JUSTICE S.NAGAMUTHUW.P.No.18900 of 2000V.M.Prabakaran.. Petitioner Vs1.Executive Engineer/O&M,Revenue Branch,Tamil Nadu Electricity Board,Arakkonam,Vellore District.2.The Assistant Engineer,TNEB/O&M/Town,Arakkonam, Vellore District.3.The Assistant Accounts Officer,Revenue Branch,Tamil Nadu Electricity Board,Arakkonam, Vellore District. .. RespondentsPrayer:- Writ Petition filed under Article 226 of the Constitution ofIndia praying for the issuance of a writ of Certiorarified Mandamusto call for the records of the second respondent in his proceedingsLr.No.AE/O&M/T/AK/F.Audit/A424/2000 dated 10.10.2000 and quash thesame and direct the respondents to bill the petitioner only underTariff III-B.For Petitioner :Mr.S.G.JeremiahFor Respondents:Mr.P.Srinivas O R D E RThe petitioner is the Proprietor of Hari Water Service, havingits business at Gandhi Road-6, Arakkonam Taluk, Vellore District. Thesaid unit was registered as a Small Scale Tiny Unit by the DistrictIndustries Centre, Directorate of Industries, Government of TamilNadu, by its proceedings in D.Dis.No.237/D2/98. The only activitygoing on in the said unit is water servicing the automobile vehicles.A permanent registration certificate for the same was issued by theDistrict Industries Centre by order dated 12.06.1998. The petitionerunit has got electricity service connection under Service connection https://hcservices.ecourts.gov.in/hcservices/ No.13598/G from the Tamil Nadu Electricity Board. From its inception,the electricity charges were collected for the said serviceconnection as per Low Tension Tariff III-B as per the Tamil NaduRevision of Tariff Rates on supply of Electrical Energy Act 1978(Tamil Nadu Act 1 of 1979) as amended with effect from 07.01.2000. 2.While so, the second respondent by his proceedings inLr.No.AE/O&M/T/AK/F.Audit/ A424/2000 dated 10.10.2000 has convertedthe tariff from Low Tension Tariff No.III-B to Low Tension TariffNo.V and has directed the petitioner to pay the differential tariffamount for the period between 20.10.2002 and 15.03.2001. Challengingthe same, the petitioner is before this Court with this writ petition.3.The main contention of the petitioner is that the petitioner,being an industry registered by the District Industries Centre isentitled for Low Tension Tariff No.III-B and therefore, the impugnedorder covering the tariff to Low Tension Tariff No.V is not correct.But, it is contended by the respondents that the petitioner is not anindustry and therefore, Low Tension Tariff No.III-B is not applicableto him. Since, it is a commercial activity which is undertaken by thepetitioner, Low Tension Tariff No.V alone is applicable, it iscontended. 4.In this regard, it would be worthwhile to refer to therelevant provisions of the tariff Act. As per the same, the followingare the tariff for various kinds of consumers:-(i)Low Tension Tariff III-A relates to the followinginstitutions:-"Cottage and Tiny Industries, Small GemCutting units where Cutting operation is donewith or without power, Powerlooms, Sericultureand Floriculture:-1.Fixed Charges -Rs.30 per service per month of Rs.60 per service for 2 monthsPLUS2.Energy Charges- a)For consumption upto 250 KWH per month/upto 500 KWH for two months -140 paise per KWH b)For consumption upto 251 KWH to 750 KWH per month from 501 KWH to 1500 KWH for two months -225 paise per KWHc)For consumption of 751 https://hcservices.ecourts.gov.in/hcservices/ KWH and above per month/ 1501 KWH and above for two months -250 paise per KWHMinimum monthly charges –Rs.30 per serviceProvided that the connected load shall notexceed 10 Horse Power. Supply to welding setswill be classified under Low Tension Tariff IIIB:"(ii)Low Tension Tariff III-B relates to the followinginstitutions:-"Coffee grinding, Ice Factory, Body BuildingUnit, Saw Mill, Rice Mill, Flour Mill, PrawnFraming, Poultry Farming, Battery Charging Unitand Industries not covered under Low TensionTariff III A:-"(iii)Low Tension Tariff V relates to the following institutions:-"Commercial and all categories of consumersnot covered under Low Tension Tariff IA, IB, IIA,IIB, IIIA, IIIB and IV."5.A perusal of the above would go to show that if only, thepetitioner is an industry, then the same can fall under Low TensionTariff III-A or III-B, otherwise, the appropriate tariff would be LowTension Tariff No.V. Curiously, the term “Industry" has not beendefined in the Act. 6.The learned counsel for the respondents would rely on thedefinition of the term "Industry" as made in the Industries(Development and Regulation) Act, 1951 which would not cover theautomobile service station within the ambit of industry. 7.Per contra, the learned counsel for the respondents wouldsubmit that as per the definition of the term "Industry" in theIndustrial Disputes Act, 1947 an automobile service station is anindustry and therefore, it is entitled for tariff under the tariffIII-B. 8.As I have already stated, the Tamil Nadu Revision of TariffRates on supply of electrical Energy Act, 1978 is silent and it isnot defined therein as to what is an industry. The definition of theterm "Industry" as made in the Industrial Disputes Act, as well as inthe Industries (Development and Regulation) Act, 1951 cannot beimported to the present case sine those definitions are for thepurpose of that relevant enactment. https://hcservices.ecourts.gov.in/hcservices/

9.Therefore, this Court has to fall back on dictionary meaningof the word "Industry" as found in various dictionaries and as perthe understanding of the term "Industry" in the common parlance. Inthe concise Oxford Dictionary, 10th Edition, the meaning to the term‘Industry’ is as follows:-"industry n.(pl.-ies) 1 economic activityconcerned with the processing of raw matrials andmanufacture of goods in factories.> a particularbrach of economic or commercial activity: thetourist industry. 2. hard work: the kitchenbecame a hive of industry."10.In Black’s Dictionary, the meaning given to the term‘Industry’ is as follows:-"industry.1.Diligence in the performance ofa task. 2.Systematic labor for some usefulpurpose; esp., work in manufacturing orproduction. 3.A particular form or branch ofproductive labor; an aggregate of enterprisesemploying similar production and marketingfacilities to produce items having markedlysimilar characteristics."11.From the above, it can be easily understood that the term’Industry’ means that it is a place where either processing of rawmaterial takes place or manufacturing activity is undertaken. In myconsidered opinion, that is the understanding of the term ‘Industry’in parlance also. Admittedly, in an automobile water service station,there is neither processing of raw material nor any manufacturingactivity is undertaken. Therefore, surely, such automobile waterservice station cannot be termed as ‘Industry’ at all. Therefore, thepetitioner’s unit is not entitled for tariff under Low Tension TariffNo.III-B.12.A look into the Low Tension Tariff No.V would go to show thatit is applicable to a unit which undertakes a commercial activity.Here, in this case, there can be no dispute that the petitioner isdoing a commercial activity in the unit and therefore, Low TensionTariff No.V alone is applicable to the petitioner unit.13.The learned counsel for the petitioner would submit that allalong the Tamil Nadu Electricity Board treated such automobile waterservice stations only as industries and that is why, not only for thepetitioner’s unit but for similar units throughout the State, thetariff was fixed at Low Tension Tariff No.III-B. Therefore, accordingto the learned counsel, there can be no reason to suddenly make ashift in the understanding of the said term ‘Industry’. In myconsidered opinion, the said argument cannot be countenanced at all. https://hcservices.ecourts.gov.in/hcservices/ It may be true that on account of misunderstanding of the provisionsof the tariff Act, the Tamil Nadu Electricity Board would have beenall along treating the automobile water service stations asindustries, so as to bring the same under the Low Tension TariffNo.III-B. When they have now realised the mistake, there is nothingwrong on their part in converting the tariff thereby bringing thesame under the proper tariff rate. 14.In view of all the above, I find no merit in the writpetition. Writ petition fails and accordingly the same is dismissed.No costs.15.It is brought to the notice of this Court by the learnedcounsel for the petitioner that on account of an interim ordergranted by this Court in this writ petition, the petitioner has beenpaying all along 50% of the demand. In view of the present order, therespondent may collect the balance of 50% of the arrears amount ininstallments as the respondents may deem it fit and proper. Sd/Asst.Registrar/true copy/Sub Asst.RegistrarjbmTo1.Executive Engineer/O&M,Revenue Branch,Tamil Nadu Electricity Board,Arakkonam, Vellore District.2.The Assistant Engineer,TNEB/O&M/Town,Arakkonam, Vellore District.3.The Assistant Accounts Officer,Revenue Branch,Tamil Nadu Electricity Board,Arakkonam, Vellore District.1 cc To Mr.P.Srinivas, Advocate, SR.51890.W.P.No.18900 of 2000 LA(CO)RVL 10.08.2010