M/S.Umasankar Alloys (P) Ltd., v. The Chairman, Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31-01-2022
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WP No.18213 of 2016 And WMP No.15960 of 2016 M/s.Umasankar Alloys (P) Ltd., Represented by its Manager, V.Govindkumar, Plot No.39, SIPCOT (Phase-II), Industrial Complex, Hosur - 635 109.
...Petitioner
vs.
1. The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., 10th Floor, NPKRR Maaligai, 144, Anna Salai, Chennai - 600 006.
2. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Krishnagiri Electricity Distribution Circle, Krishnagiri, Krishnagiri District.
...Respondents
Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records pertaining to the impugned order made in Lr.No.SE/KEDC/DFC/AAO/HT/ AS/F-HT SC No.347/D.330/2016 dated -.04.2016 (Served on 13.05.2016) passed by the second respondent and quash the same.
For Petitioner : Mr.N.Manokaran For Respondents-1 and 2 : Mr.L.Jai Venkatesh, Standing Counsel for TANGEDCO.
O R D E R
The payment of additional security deposit sought for by the second respondent in the proceedings dated April 2016, is under challenge in the present writ petition.
2. The petitioner-Industry is engaged in the process of manufacturing mild steel ingots, which is being used in Rolling Mills for producing TMT bars, CTD bars, MS Round, Angles etc. The petitioner is utilising the powers from Wind Energy Generators supplied by the third parties. In respect of the HT Service provided in the premises of the petitioner, the second respondent-Superintending Engineer issued an order, asking the petitioner for payment of additional security deposit and the said order is under challenge in the present writ petition.
3. The demand of additional security deposit made by the second respondent if at all objected by the petitioner, they have to approach the Consumer Grievance Redressal Forum for adjudication of disputed issues. It requires scrutinisation of records and the basis on which such additional security deposit is demanded by the TANGEDCO Authority. Such an elaborate adjudication cannot be done in the writ proceedings. Thus, the petitioner is at liberty to approach the Consumer Grievances Redressal Forum under Regulation 10 of the Tamil Nadu Electricity Supply Code and in the event of filing any application, the Forum shall consider the period during which the writ petition was pending before the High Court for the purpose of condonation of delay, if any, and decide the issues on merits and in accordance with law and as expeditiously as possible.
4. With the abovesaid observations, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS IV) True Copy// Sub Assistant Registrar Svn
To
1. The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., 10th Floor, NPKRR Maaligai, 144, Anna Salai, Chennai - 600 006.
2. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Krishnagiri Electricity Distribution Circle, Krishnagiri, Krishnagiri District.
+1cc to Mr.N.Manokaran, Advocate, S.R.No.6070 WP 18213 of 2016 PMK[co] NSK 14/02/2022