M/S.Thanjavur Spinning Mill v. The Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 28/11/2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR a n d W.M.P.No.13397 of 2016 Thanjavur Spinning Mill Limited rep. By its Authorised Signatory Regd Off: Rajapalayam Mills Premises PAC Ramasamy Raja Salai Rajapalayam 626 117 Having Mill at Vallam One Road Thanjavur 613 005.
Petitioner Vs
1. The Chairman Tamil Nadu Generation and Distribution Corporation Limited
2. The Chief Financial Controller/Revenue Tamil Nadu Generation and Distribution Corporation Limited
3. The Superintending Engineer Thanjavur Electricity Distribution Circle 1 Vallam Road Thanjavur 613 007.
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4. Tamil Nadu Electricity Regulatory Commission rep. By its Secretary 19 A Rukmini Lakshmipathy Salai, Egmore Chennai 600 008.
5. The Chairman Tamil Nadu Electricity Board 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 second respondent contained in impugned Letter No.CFC/FC/DFC/AAO.HT/AS.3/REV/D.N.115/13 dated 29/7/2013 and Memo No.CFC/REV/FC/REV/AS.3/D.No.219/15 dated 14/9/2015 and the consequent impugned letter of the third respondent in Lr.SE/TEDC/TIR/DFC/AO/R/RCS/AS/A1/F.11/D.551/2015 dated 28/11/2015 and quash the same in so far as it relates to the deduction of an amount of Rs.7,57,719/- towards deemed demand benefit as being arbitrary and illegal and contrary to the provisions of the Electricity Act, 2003 and consequently, direct the respondents 1 to 3 to refund the entire amount of Rs.17,57,855/- that has so far accrued to the petitioner on account of withdrawal of the deemed demand benefit to the petitioner's HT SC 11 between the period of February, 2013 and September 2014 together with interest at such rate as may be decided by this Court. For Petitioner ...
Ms.Simran Srinivasan for Mr.R.Parthasarathy Page No:2/6
For respondents Mr.D.B.R.Prabhu Standing Counsel - - - - -
O R D E R
It is not in dispute that the controversy in the writ petition is the subject matter of Writ Appeals in W.A.Nos.2539 and 2540 of 2018, which are said to be pending.
2. In the interregnum, pursuant to the interim arrangement arrived at by the Hon'ble Division Bench in its order, dated 19/11/2018, W.P.(MD) Nos.9253 to 9255 of 2014, etc., batch has been disposed of on 5/2/2020 with the following directions:- "5. In the interest of uniformity and consistency, the following directions are passed in the matter as well - (i). The petitioners are directed to pay 50% of the deemed demand charges, if not paid so far and continue to pay the same till the disposal of the writ appeal.
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(ii). The petitioners are also liable to pay the balance deemed demand charges, if the writ appeal filed by the TANGEDCO is allowed.
(iii). Needless to say that the petitioners are also entitled to get similar refund, if any, if the first respondent in the writ appeals succeed, subject to the orders/observations of the Division Bench. (iv). It is open to the petitioners to take recourse to any suitable action in the manner known to law, in the interregnum."
3. The learned counsel appearing for the parties had not disputd the above factual position. Hence, the instant writ petition is disposed of on the same lines. No costs. Consequently, the connected Miscellaneous Petition is closed.
28/11/2022 Index : Yes / No Internet: Yes Speaking/non speaking order mvs.
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1. The Chairman Tamil Nadu Generation and Distribution Corporation Limited
2. The Chief Financial Controller/Revenue Tamil Nadu Generation and Distribution Corporation Limited
3. The Superintending Engineer Thanjavur Electricity Distribution Circle 1 Vallam Road Thanjavur 613 007.
4. Tamil Nadu Electricity Regulatory Commission rep. By its Secretary 19 A Rukmini Lakshmipathy Salai, Egmore Chennai 600 008.
5. The Chairman Tamil Nadu Electricity Board N. SATHISH KUMAR, J Page No:5/6
mvs.
W.P.Nos.15373 of 2016 28/11/2022 Page No:6/6