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Madras High CourtWP/29256/2011disposed of

M/S.Hotel Palmgrove v. Tamil Nadu Electricity

2019-11-05Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.29256 of 2011 and M.P.No.1 of 2011 M/s.Hotel Palmgrove, represented by its Director, Mr.K.Gautam Ballal, 112, Kodambakkam High Road, Chennai 600 045

...Petitioner

Vs.

1. Tamil Nadu Electricity Regulatory Commission, Represented by its Secretary, No.19-A, Rukmani Sabhapathi Salai, (Marshall's Road), Egmore, Chennai 600 008.

2. The Chairman, The Tamil Nadu Electricity Board, No.144, Annasalai, Chennai 600 002.

3. The Superintending Engineer, Tamil Nadu Generation & Distribution Corporation Limited, Chennai, EDC/Central, Chennai 600 034.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorari, calling for the records of the 3rd respondent vide Letter No.SE/CEDC/C/DFC/AAO/HT/AS/D.251/2011, dated 03.11.2011 and quash the same.

For Petitioner : Mr.A.Suresh For Respondents: Mr.P.R.Dhilipkumar Standing counsel for TNEB

O R D E R

This writ petition has filed seeking to quash the proceedings of the 3rd respondent in Letter No.SE/CEDC/C/DFC/AAO/HT/AS/D.251/2011, dated 03.11.2011. *2. The learned counsel appearing for the petitioner submits that the matter relates to peak hour electricity charges. It is submitted that the petitioner had paid an amount of Rs.24,055/- initially and, thereafter, a sum of Rs.5,22,331/-. Subsequently, the Division Bench of this Court has passed an order affirming the validity of collection of peak hour electricity charges. Hence, counsel, on instructions submits that the petitioner may be permitted to deposit the remaining amount without any BPSC charges and penal interest and request grant of reasonable time for deposit.

3. In this regard, the Tamil Nadu Electricity Board approached the Hon'ble Supreme Court by filing Civil Appeal Nos.1090 - 1099 of 2011 and the Hon'ble Supreme Court vide order dated 04.02.2011 entertained the Civil Appeals against the judgment of the Appellate Tribunal. On a perusal of the interim order dated 04.02.2011, there is a direction to the appellant therein/Tamil Nadu Electricity Board to furnish Bank Guarantee of a Nationalized Bank in favour of the Registrar (Judicial) of the Hon'ble Supreme Court.

4. Since the issue involved in the present writ petition is pending before the Hon'ble Supreme Court at the instance of the Tamil Nadu Electricity Board, these writ petitions are disposed of directing the respondents to maintain status-quo as on date and subject to the outcome of the order to be passed by the Hon'ble Supreme Court, the parties are at liberty to work out their remedies in a manner known to law. "

5.In view of the above judgement of the Division Bench of this Court and also considering the fact that the petitioner has accepted the Provisional Assessment Order and he has also paid substantial amount to the tune of Rs.24,055/- and agreed to pay the remaining amount without BPSC and penal interest, this Court is inclined to direct the petitioner to deposit the balance due after adjusting the amount already paid by him within a period of four weeks from the date of receipt of a copy of this order.

6.With the above direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS) Dated:26.12.2019 //True Copy// *Corrected as per order of this Court dated 18.11.2020 and made in WP.No.29256/11 -s/dAssistant Registrar(CSII) dt 03/12/2020 //True Copy// Sub Assistant Registrar rka To 1.The Secretary, Tamil Nadu Electricity Regulatory Commission, No.19-A, Rukmani Sabhapathi Salai, (Marshall's Road), Egmore,Chennai 600 008.

2. The Chairman, The Tamil Nadu Electricity Board, Amended order to No.144, Annasalai, Chennai 600 002.

be substituted For the order already

3. The Superintending Engineer, despatched on 16/03/2020 Tamil Nadu Generation & Distribution Corporation Limited, Chennai, EDC/Central, Chennai 600 034.

+1cc to Mr.P.R.Dhilipkumar , Advocate SR.No. 37275 +1cc to Mr.A.Suresh , Advocate SR.No. 92571 W.P.No.29256 of 2011 and M.P.No.1 of 2011 A.SK(27/12/2019) A.SK(04/12/2020)