M/S.Jain Fgl Metal Industries v. The Assistant Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.NO.4602 OF 2019 AND W.M.P.NO.5207 OF 2019 M/s.Jain FGL Metal Industries, H.T.Sc.No. 1886, Plot No.D-12, SIPCOT Industrial Complex, Gummidipoondi, Thiruvallur District, Rep. By its Partner, Mr.Mayank Pareek.

...Petitioner

Vs.

1. The Assistant Engineer, O&M / SIPCOT - II, TANGEDCO, Gummidipoondi - 601 201, Thiruvallur District.

2. The Assistant Executive Engineer, O&M / TANGEDCO, Gummidipoondi - 601 201.

3. The Executive Engineer, Operation and Maintenance / Ponneri, TANGEDCO, Ponneri.

4. The Chairman-cum-Managing Director, TANGEDCO, No.144, Anna Salai, Chennai - 600 002.

..Respondents Prayer:

Writ petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus, calling for the records pertaining to Lr.Nos.AEE/O&M/PONNERI/ D.DOC/F.CAMP/18 dated 19.12.2018 and AEE/O&M/PONNERI/ D.DOC/F.CAMP/18 dated 19.12.2018 issued by the 3rd respondent for the payment of compounding charges and extra levy respectively and quash the same as illegal, arbitrary and against the

Electricity Act 2003, Electricity Supply Code 2004 and the Tariff order dated 11.08.2017 and consequently direct the 3rd respondent to adjust the amounts collected from the petitioner towards compounding charges and extra levy with future current consumption bills.

For Petitioner : Mr.K.Seshadri For Respondents : No Appearance

O R D E R

This writ petition is filed as against the order of the 3rd respondent dated 19.12.2018 for the payment of compounding charges and extra levy and to direct the respondents to adjust the amounts collected from the petitioner towards compounding charges and extra levy with future current consumption bills.

2. Mr.K.Seshadri, learned counsel appearing for the petitioner submits that the petitioner has paid the entire amount as claimed by the respondent Board and therefore, nothing survives in this writ petition.

3. In view of the said submissions made by the learned counsel appearing for the petitioner, this writ petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar kkn To:

1. The Assistant Engineer, O&M / SIPCOT - II, TANGEDCO, Gummidipoondi - 601 201, Thiruvallur District.

2. The Assistant Executive Engineer, O&M / TANGEDCO, Gummidipoondi - 601 201.

3. The Executive Engineer, Operation and Maintenance / Ponneri, TANGEDCO, Ponneri.

4. The Chairman-cum-Managing Director, TANGEDCO, No.144, Anna Salai, Chennai - 600 002.

+1cc to Mr.K.Seshadri, Advocate, S.R.No.16688 W.P.No.4602 of 2019 and W.M.P.No.5207 of 2019 PL(CO) CS/30/03/2021