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Madras High CourtWP/14783/2013disposed of

M/S.Sabari Alloys And Metals v. Tamil Nadu Electricity

2021-11-24Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.NO.14783 OF 2013 AND M.P.NO.1 OF 2013 M/s.Sabari Alloys & Metals India (P) Ltd., formerly known as M/s.Sidhi Smelters (P) Ltd., H.T.Sc.No.1772 No.A-3, SIPCOT Industrial Complex, Gummidipoondi 601 201, Tiruvallur District, Rep. by its Manager, R.Elango ... Petitioner ..Vs..

1. The Tamil Nadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai - 600 008, Rep. by its Secretary.

2. The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai - 600 002.

3. The Superintending Engineer, Chennai Electricity Distribution Circle/North, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai - 600 002.

4. The Accounts Officer/Revenue, TANGEDCO, Chennai (North) Circle, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai - 600 002.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the 3rd Respondent in Letter No.SE/CEDE/N/AEE/G1/FHTS/ C1772/D543/13 dated 22.04.2013 and consequential Bill dated

30.04.2013 in Bill No.1772 issued by the 4th Respondent and quash the same as illegal, arbitrary and without authority of law. For Petitioner : Mr.S.P.Parthasarathy For Mr.K.Seshadri For Respondents : Mr.L.Jai Venkatesh Standing Counsel For TANGEDCO O R D E R The writ petition has been filed challenging the correctness of the impugned Bill No.1772 dated 30.04.2013 issued by the Accounts Officer/Revenue, TANGEDCO, Chennai (North) Circle, Tamil Nadu Electricity Board, Chennai-600 002, the fourth respondent herein.

2. Learned counsel appearing for the petitioner would submit that when the similar issue was questioned by the Tamil Nadu Spinning Mills Association against the Tamil Nadu Electricity Regulatory Commission and others in I.A.No.736 of 2019 in D.F.R.No.1584 of 2019, the Appellate Tribunal for Electricity by order dated 24.07.2019 has passed an interim order to the effect that no coercive steps shall be taken against the appellant till the next date of hearing.

3. In view of the fact that an interim order dated 24.07.2019 has been passed by the Appellate Tribunal for Electricity in favour of the Tamil Nadu Spinning Mills Association in the similar issue as that of the petitioner, the writ petition is disposed of. No coercive steps will be taken against the petitioner till the orders are passed by the respondents. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar vs

To 1.

The Secretary, Tamil Nadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai - 600 008, 2.

The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai - 600 002.

3.

The Superintending Engineer, Chennai Electricity Distribution Circle/North, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai - 600 002.

4.

The Accounts Officer/Revenue, TANGEDCO, Chennai (North) Circle, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai - 600 002.

+1cc to Mr.K.Seshadri, Advocate, S.R.No.61135 W.P.NO.14783 OF 2013 AND M.P.NO.1 OF 2013 NMI(CO) PBS/03/12/2021