Kongarar Cotton & Synthetics v. The Director/Operation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.03.2020
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.10697 of 2011 and M.P.No.1 of 2011 Kongarar Cotton & Synthetics (P) Ltd., HTSC No.94, 172-A, Dhally Road, Rep., by its Manager, N.Shanmugasundaram, Udumallpet-642 126, Tirupur District.
.. Petitioner -vs1.The Director/Operation, Tamil Nadu Transmission Corporation Ltd., 144, Anna Salai, Chennai-600 002.
2.The Superintending Engineer, Udumalpet Electricity Distribution Circle, Tamil Nadu Electricity Board, Udumalpet-642 126.
.. Respondents Petition under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the records of the 2nd respondent in his letters Nos.SE/UEDC/UDT/AO/R/AS/AS2/F.HTSC.94/D.No.120/2011 dated 12.04.2011 insofar as it relates to levy of penalty of Rs.35,28,964/- alone and quash the same as unsustainable in law. For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.M.Vijayameghanath & Mr.S.K.Rameshwar
ORDER
The petitioner has filed this writ petition challenging the proceedings of the second respondent dated 12.04.2011, in and by which, penalty has been imposed on the ground that fake documents were submitted by third party generator, that is, M/s.TCP Limited and benefit has been availed. 2.It may not be necessary for this Court to adjudicate the correctness of the impugned order on account of subsequent developments, which have been set out in the counter affidavit filed by the second respondent.
3.It is stated that the petitioner-company has been liquidated and the new entity M/s.Parshavanath Spinners India https://hcservices.ecourts.gov.in/hcservices/
Private Limited has taken over the business on 27.06.2014, and the entire demand has been paid. However, the learned counsel for the petitioner submitted that the petitioner had paid the entire money for the transfer of electricity generated to M/s.TCP Limited and it is the Superintending Engineer, Sivagangai Electricity Distribution Circle, who had directed adjustment of the power, which was wheeled out from Sivagangai Distribution Circle by directing all Superintending Engineers to adjust it in their respective circles HT Services. Therefore, it is submitted that the petitioner has not committed any mistake for penalty being charged on the petitioner. 4.It is to be noted that M/s.TCP Limited and other persons including an employee of M/s.Sakthi Sugars Limited have been proceeded criminally and the matter is now pending in C.C.No.
06 of 2016 on the file of Judicial Magistrate-II, Sivagangai. In any event, it is well open to the petitioner to cooperate in the criminal trial and place all the facts, so that the correct factual position can be placed before the criminal court. 5.Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar abr To 1.The Director/Operation, Tamil Nadu Transmission Corporation Ltd., 144, Anna Salai,Chennai-600 002.
2.The Superintending Engineer, Udumalpet Electricity Distribution Circle, Tamil Nadu Electricity Board, Udumalpet-642 126.
+1cc to Mr.N.Damodaran, Advocate, Sr.No.19211. +1cc to Mr.R.S.Pandiyaraj, Advocate, Sr.No.18937. W.P.No.10697 of 2011 RSK(CO) klt(21/05/2020) https://hcservices.ecourts.gov.in/hcservices/