Tagros Chemical India Ltd., v. Tamil Nadu Electricity
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.03.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP.No.7762 of 2018 Tagros Chemicals India Lid., HTSC No.83, A-4/1&2, SIPCOT Industrial Complex, Pachayankuppam, Cuddalore-607 005.
Rep. by its Authorised Signatory M.Nagarajan
...Petitioner
Vs.
1.
Tamil Nadu Electricity Regulatory Commission, Rep. by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai-600 008.
2.
Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Rep. by its Chairman and Managing Director, 144, Anna Salai, Chennai-600 002.
3.
The Superintending Engineer, 4.
The Accounts Officer / Revenue, 1/5
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records of the 3rd respondent in his impugned demand notice bearing Lr.No.SE/CEDC/CUD/DFC/AO/RCS/AS /A4/F.Audit/883/2018 dated 19.02.2018 and the consequential impugned CC bill dated 28.02.2018 of the 4th respondent insofar as it relates to a sum of Rs.14,26,651/- in item No.14 'Add/Less Adjustment Charges' alone and quash the same as illegal, arbitrary, without the authority of law and contrary the order of the Honourable Supreme Court in SLP No.15662/2015 dated 20.07.2015.
For Petitioner : Mr.S.P.Parthasarathy For Respondents : Mr.L.Jaivenkatesh
O R D E R
Today, when the matter is taken up for hearing, learned counsel for the petitioner submitted that, the subject matter in the impugned Audit Slip / Demand is pending before the Hon'ble Supreme Court in SLP.No. 15662 of 2015 and the Hon'ble Supreme Court has granted order of Status quo. He further submitted that, during the pendency of this Writ petition, the petitioner has paid the amount under protest. Hence, the present Writ petition may be disposed of with a liberty to the petitioner to workout the remedy in the manner known to law, subject to the outcome of the SLP.No. 15662 of 2015, pending before the Hon'ble Supreme Court. An endorsement 2/5
to the said effect was also made by the learned counsel for the petitioner in the petition today.
2. In view of the above endorsement made by the learned counsel for the petitioner, this Writ Petition stands closed with a liberty as sought for by the petitioner. No costs. Consequently, connected Miscellaneous petition is closed.
06.03.2023 skt Speaking Order : Yes/ No Index : Yes/ No To 1.
Tamil Nadu Electricity Regulatory Commission, Rep. by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai-600 008.
2.
Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Rep. by its Chairman and Managing Director, 144, Anna Salai, Chennai-600 002.
3.
The Superintending Engineer, 3/5
4.
The Accounts Officer / Revenue, M.DHANDAPANI,J.
skt and WMP.No.7762 of 2018 4/5
06.03.2023 5/5