Eicher Motors Limited v. The Tamil Nadu Generation And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.01.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.112, 113, 114 & 115 of 2022 and W.M.P.Nos.110, 115, 118 &119 of 2022 Eicher Motors Limited, HTSC No.1048, P.O.No.5284, Thirvottiyur, Chennai-600 019.
Authorized Signatory:
Owais Khurshid Makhdoomi ...Petitioner in W.P.No.112 of 2022 Sundaram Brake Linings Limited, HTSC No.0153, TSK Plabt II, Mustakurichi PO, Kambikudi Village, Kariyapatti, Aruppukottai, Virudhnagar-626 106.
Represented by its Chief Financial Officer, S.Ramabadran.
...Petitioner in W.P.No.113 of 2022
Eicher Motors Limited, HTSC No.1073, No.296, Rajiv Gandhi Salai, (OMR) Shollingannalur, Chennai-600 119.
Authorized Signatory:
Owais Khurshid Makhdoomi. ...Petitioner in W.P.No.114 of 2022 Sundaram Brake Linings Limited, HTSC No.083, Skanjamanickenpatty, Mustakurichi, Virudhunagar-625 016.
Represented by its Chief Financial Officer, S.Ramabadran.
...Petitioner in W.P.No.115 of 2022
-Vs.- The Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO), Rep by its Chairman & Managing Director, 10th Floor, No.144, Anna Salai, ...1st Respondent in all W.Ps
The Chief Financial Controller- Revenue, 7th Floor, 144, Anna Salai, ...2nd Respondent in all W.Ps The Superintending Engineer, Chennai North Electricity Distribution Circle, Chennai.
...3rd Respondent in W.P.No.112 of 2022 The Superintending Engineer, Virudhunagar Electricity Distribution Circle, Virudhunagar.
...3rd Respondent in W.P.Nos.113 & 115 of 2022 The Superintending Engineer, Chennai Electricity Distribution Circle, South-II KK Nagar, Chennai.
...3rd Respondent in W.P.No.114 of 2022 COMMON PRAYER:
Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to extend the benefit of the order of this Court dated 14.08.2020 passed in W.P.No.7678 of 2020, in a similar batch matter and to apply the order of this Court as per Article 14 of the Constitution of India, to the petitioners also and consequently direct the 3rd respondents to cause to issue the fresh CC bills for the months of April 2020 falling in the lockdown periods and also to further direct the respondents to refund the excessively collected demand charges from the petitioners. For Petitioners : Mr.R.S.Pandiyaraj in all W.Ps For Respondents : Mr.L.Jaivenkatesh Standing Counsel in all W.Ps COMMON ORDER The learned counsel for the petitioners submitted that, the petitioners have filed these writ petitions seeking issuance of Writ of Mandamus to direct the respondents to extend the benefit of the order of this Court dated 14.08.2020 passed in W.P.No.7678 of 2020, in a similar batch matter and to apply the
same to the petitioners also and to consequently direct the 3rd respondents to cause to issue the fresh CC bills for the months of April 2020 falling in the lockdown periods and also to further direct the respondents to refund the excessively collected demand charges from the petitioners or the same may be adjusted in the future bills by considering the petitioners' representations made before the 3rd respondent. However, till date no orders have been passed. Hence, these Writ petitions
2. The learned Standing counsel appearing for the respondents fairly conceded that, if the order of this Court dated 14.08.2020 in W.P.No.7678 of 2020 and batch cases is applicable to the present Writ petitions, the same will be extended to these cases also.
3. In view of the fair submission made by the learned counsel appearing for the respondents, since the respondents have fairly conceded that, if the order of this Court dated 14.08.2020 in W.P.No.7678 of 2020 and batch cases is applicable to the present Writ petitions, the same will be extended to the petitioners also, the respondents are directed to pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order.
4. Recording the said submission, these writ petitions are disposed of. No costs. Consequently, connected Miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS-IV) // True Copy // Sub Assistant Registrar skt To 1.
The Chairman & Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO), 10th Floor, No.144, Anna Salai, 2.
The Chief Financial Controller- Revenue, 7th Floor, 144, Anna Salai,
3.
The Superintending Engineer, Chennai North Electricity Distribution Circle, Chennai.
4.
The Superintending Engineer, Virudhunagar Electricity Distribution Circle, Virudhunagar.
5.
The Superintending Engineer, Chennai Electricity Distribution Circle, South-II KK Nagar, Chennai.
+4cc to Mr.R.S.Pandiyaraj, Advocate SR.No.1449 W.P.Nos.112, 113, 114 & 115 of 2022 and W.M.P.Nos.110, 115, 118 & 119 of 2022 GPL(CO) CB(02/03/2022)