Madras High CourtWP/14360/2012dismissed for default

M/S. Gulyam Cotspin, v. The Tamil Nadu Electricity

2022-10-12Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 12/10/2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Writ Petition No.14360 of 2012 a n d M.P.Nos.2 and 3 of 2012 Gulyam Costpin rep. By its Managing Partner Mr.Shanthappan Having office at 159 Ponnurangam Street West R S Puram Coimbatore 641 002.

Petitioner Vs

1. The Tamil Nadu Electricity Regulatory Commission 19 A Ruckmani Lakshmipathi Salai Marshals Road, Egmore

2. The Tamil Nadu Generation and Distribution rep. By its Chairman and Managing Director Page No:1/6

3. The Chief Engineer (Commercial) NCES The Tamil Nadu Generation and Distribution

4. The Superintending Engineer The Tamil Nadu Generation and Distribution Coimbatore (South) Circle Coimbatore.

5. The Accounts Officer REV/CEDC/South/CBE The Tamil Nadu Generation and Distribution Coimbatore (South) Circle Coimbatore.

Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records of the third respondent in memo No.CE/Comml/EE/DSM/F power cut/D39/2012 dated 25/2/2012 and the bill dated 1/6/2012 of the fifth respondent in respect of HTSC No.225 and quash the aforesaid proceedings of the third respondent and the demand in item No.21 under the bill dated 1/6/2012 of the fifth respondent in respect of HTSC No.225 and direct the respondents 2 to 5 to adjust the excess CCD of Rs.4,74,594/- available in petitioner's HTSC No.225 against the Page No:2/6

current consumption charges for May 2012 and June 2012. For Petitioner ...

No appearance For respondents R 1 - No appearance Mr.Abul Kalam for R.R.2 to 5.

- - - - -

O R D E R

This writ petition has been filed to quash the order passed by the third respondent in memo No.CE/Comml/EE/DSM/F power cut/D39/2012, dated 25/2/2012 and bill, dated 1/6/2012 of the fifth respondent, in respect of HTSC No.225 and direct the respondents 2 to 5 to adjust the excess CCD of Rs.4,74,594/- available in petitioner's HTSC No.225 against the current consumption charges for May 2012 and June 2012.

2. Today, when the matter is taken up for hearing, neither the counsel for the petitioner nor the counsel for the first respondent is present. Mr.Abul Kalam, learned counsel for the second respondent is present. Page No:3/6

3, From the materials available on record what comes to be known is that notice sent to the petitioner was not served. Considering the fact that writ petition pertains to the year 2012, this Court has no other option, except to dismiss the instant petition, for default.

4. Accordingly, this Writ Petition is dismissed for default. No costs. Consequently, the connected Miscellaneous Petitions are closed. 12/10/2022 Index : Yes / No Internet: Yes Speaking/non speaking order mvs.

To Page No:4/6

1. The Tamil Nadu Electricity Regulatory Commission 19 A Ruckmani Lakshmipathi Salai Marshals Road, Egmore

2. The Chairman and Managing Director Tamil Nadu Generation and Distribution Power Corporation (TANGEDCO)

3. The Chief Engineer (Commercial) NCES The Tamil Nadu Generation and Distribution Power Corporation (TANGEDCO)

4. The Superintending Engineer The Tamil Nadu Generation and Distribution Coimbatore (South) Circle Coimbatore.

5. The Accounts Officer REV/CEDC/South/CBE The Tamil Nadu Generation and Distribution Coimbatore (South) Circle Coimbatore.

N. SATHISH KUMAR, J Page No:5/6

mvs.

W.P.No.14360 of 2012 12/10/2022 Page No:6/6