M/S.Hargobind Steel Industries v. The Tamil Nadu Generation And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 10.02.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.2075 of 2022 & WMP.No.2228 of 2022 M/s.Hargobind Steel Industries, HTSC No.1732, S-Block, No.105D, 4th Main Road, Anna Nagar, Chennai - 600 040 Represented by its Manager Mr.K.S.Manikandan
...Petitioner
Vs
1. The Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO), Rep. by its Chairman & Managing Director, 10th Floor, No.144, Anna Salai, Chennai - 600 002.
2. The Chief Financial Controller - Revenue, TANGEDCO, 7th Floor, 144, Anna Salai, Chennai - 600 002.
3. The Superintending Engineer, TANGEDCO, Chennai North Electricity Distribution Circle, Chennai.
...Respondents
PRAYER:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to extend the benefit of the order of this Hon'ble 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 Hon'ble Court as per Article 14 of the Constitution of India, to the petitioner also and consequently direct the 3rd respondent to cause to issue the fresh CC bills for the months of April 2020 to October 2020 falling in the lockdown periods and also, to
further direct the respondents to refund the excessively collected demand charges from the petitioner. For Petitioner : Mr.K.Jayachandran For Respondents : Mr.L.Jai Venkatesh, Standing Counsel
ORDER
Mr.Jai Venkatesh, learned Standing Counsel accepts notice for the respondents and is armed with instructions to proceed with the matter finally. Hence, by consent of the both counsel, this Writ Petition is disposed finally even at the stage of admission.
2. The petitioner seeks a Writ of Mandamus directing the respondents (TANGEDCO) to extend the benefit of order of this Court dated 14.08.2020 passed in W.P.No.7678 of 2020 to the petitioner also and consequently direct the 3rd respondent to issue fresh CC bills for the months of April 2020 to October 2020 falling in the lockdown periods and also, to further direct the respondents to refund the excessively collected demand charges from the petitioner.
3. I have had occasion to consider the similar issue in W.P.Nos.1578 of 2022 and batch and referring to earlier orders passsed by this Court in W.P.No.6776 of 2018 and 27559 & 27564 of 2021 dated 28.10.2021 and 22.12.2021 respectively and have passed orders directing TANGEDCO, to settle the outstanding amount within a period of 12 weeks from that date.
4. Mr.Jai Venkatesh, concurs on the complete identity between the facts and legal position as obtained in the present writ petition and the Writ Petitions referred to above. Thus, the same order passed on 07.02.2022 is taken to be passed in this writ petition as well.
5. This writ petition is disposed in terms of orders dated 07.02.2022 passed in W.P.No.1578 of 2022 and batch, as extracted supra, granting the mandamus as sought for. No costs. Connected Miscellaneous Petition is closed.
6. List this writ petition along with W.P.Nos.6776 of 2018 etc. batch on 25.02.2022 under the caption 'for filing final report'.
Sd/- Assistant Registrar //True copy// Sub Assistant Registrar Sl/kbs To
1. The Chairman & Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO), 10th Floor, No.144, Anna Salai, Chennai - 600 002.
2. The Chief Financial Controller - Revenue, TANGEDCO, 7th Floor, 144, Anna Salai, Chennai - 600 002.
3. The Superintending Engineer, TANGEDCO, Chennai North Electricity Distribution Circle, Chennai.
+1 CC to Mr.K.Jayachandran, Advocate sr 8455. W.P.No.2075 of 2022 & WMP.No.2228 of 2022 SRII(CO) SP(23/02/2022)