Srf Limited v. The Tamil Nadu Generation And Distribution
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.02.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.1606 of 2022 and W.M.P.No.1745 of 2022 SRF Limited, Rep by its Sr. Vice President Mr.Ashok Kumar Malhotra Manali Industrial Area, Manali, Chennai-600 068.
... 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, Chennai-North Electricity Distribution Circle TANGEDCO Chennai-600 002.
4. The Superintending Engineer, Pudukottai Electricity Distribution Circle TANGEDCO Pudukottai-622 001.
...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents and their men, agents not to collect current consumption charges, demand charges and any arrears from the petitioner in view of the judgement of this Hon'ble Court in W.P.No.7678 of 2020 & batch and W.P.No.15906 of 2020, in respect of its consumption at its consumption points bearing HTSC number 22, 1263 and 1666, all connected to the 3rd and 4th respondent EDC, till the entire outstanding dues of Rs.48,57,052/- payable to the petitioner along with interest thereon at 1% per month payable from the time such payments became due as being the excess demand charges
paid by the petitioner or to give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
For petitioner : Mr. Parthasarathy For Respondents : Mr. C. Jayaprakash, Government Advocate
ORDER
The present petition has been filed seeking a direction to the respondents and their men, agents not to collect current consumption charges, demand charges and any arrears from the petitioner in view of the judgement of this Hon'ble Court in W.P.No.7678 of 2020 & batch and W.P.No.15906 of 2020, till the entire outstanding dues payable to the petitioner or to give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
2. Mr. C. Jayaprakash, learned Government Advocate takes notice for the respondents.
3. It is the case of the petitioner that in order to avail the benefit of the order by this Court in W.P.No.7678 of 2020 etc., batches, with regard to payment of demand charges during lockdown due to COVID pandemic, he had made representation dated 05.11.2020 to the 4th respondent herein. However, till date, the same has not been considered. Hence, the petitioner has come up with the present Writ Petition seeking the aforesaid relief.
4. Though very many grounds have been raised, learned counsel appearing for the petitioner submits that it would suffice if this Court issues a direction to the respondents to consider the representation dated 05.11.2020 for extending the benefit to the petitioner in line with judgement passed by this Court in W.P.No.7678 of 2020 etc., batches and dispose of the same in accordance law within the time stipulated by this Court.
5. On the above contentions, heard the learned Government Advocate appearing for the respondents and perused the materials available on record.
6. Upon perusal of the materials available on record, this Court without going into the merits of the case, directs the 4th respondent to consider the representation made by the petitioner in the light of the order passed by this Court in W.P.Nos.7678 of 2020 etc., batches and dispose of the same, within a period of six weeks from the date of receipt of a copy of this order.
7. With the aforesaid direction, this Writ Petition is disposed of. No Costs. Consequently, the connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar NHS To
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, Chennai-North Electricity Distribution Circle TANGEDCO Chennai-600 002.
4. The Superintending Engineer, Pudukottai Electricity Distribution Circle TANGEDCO Pudukottai-622 001.
W.P.NO.1606 of 2022 PL(CO) CT 03/03/2022