M/S.Genau Extruction Ltd., v. The Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.04.2016
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.13252 of 2016 and W.M.P.No.11638 of 2016 M/s.Genau Extrusion Ltd., represented by its Chairman and Managing Director, Mr.A.K.Venkatasamy, S/o.C.Kuttianna Gounder, Site No.1, SIPCOT Industrial Complex, Phase II, Hosur, Krishnagiri District.
.. Petitioner
Versus
1.The Chairman, Tamil Nadu Generation and Distribution Company Ltd., (TANGEDCO), No.144, Anna Salai, Chennai-600 002.
2.The Superintending Engineer, Tamil Nadu Generation and Distribution Company Ltd., Krishnagiri Electricity Distribution Circle, Krishnagiri.
3.M/s.Prathyusha Power Gen Pvt. Ltd., 103, Prince Towers, No.25/26, College road, Chennai-600 006.
4.Bhatia Coke & Energy Ltd., Ketnalmalle Village, Gummidipoondi, Thiruvallur District - 601 201.
5.M/s.ES Logic Power, Door No.16, HIG New Housing Board, 2nd Phase, Krishnagiri-635 001.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari, to call for the records pertaining to the proceedings bearing Lr.No.SE/KEDC/DFC/AO/AAO/HT/AS/RCS-HT/F. HTSC.210/D No.234/16, dated 10.03.2016, on the file of the second respondent and quash the same.
For Petitioner :
Mr.G.Vasudevan For Respondents :
Mr.M.Varunkumar Standing Counsel [R1 & R2]
O R D E R
Heard Mr.G.Vasudevan, learned counsel for petitioner and Mr.M.Varunkumar, learned Standing Counsel, accepting notice on behalf of respondents 1 and 2. With the consent of the learned counsel on either side, the Writ Petition is taken up for final disposal.
2. The petitioner, a Limited Company, is aggrieved by the impugned proceedings dated 10.03.2016, by which, there is a demand for short levy. It is stated in the impugned proceedings that while reviewing the power injection statement in respect of HT SC No.210 with SLDC approval for the period 01/2015 and 03/2015, it is found that there was no allotment made for the months of 02/2015 and 03/2015 and no 'No Objection Certificate' was obtained for 01/2015, but the adjustments were made and therefore, the short levy for the said period has been worked out and demanded from the petitioner.
3. Mr.G.Vasudevan, learned counsel for the petitioner, after reiterating the factual averments contended that the impugned proceedings have been issued without notice to the petitioner and without considering the factual matrix and that even for the months of January 2015, February 2015 and March 2015, the petitioner has obtained 'No Objection Certificate' from the second respondent and the same was submitted to the State Load Dispatch Centre and as a consumer, the petitioner has not been furnished with a copy of the SLDC approval or injection statement. On the other hand, at the end of the month, the units are adjusted in the EB bill.
4. Apart from the above contention, several other contentions have also been raised in the Writ Petition. It is seen that the petitioner has submitted a representation dated 31.03.2016 to the second respondent requesting him to recall the demand and drop the demand and pass orders on merits after affording an opportunity of personal hearing.
5. In the light of the above, since the present demand is for a period stated to be from January 2015 to March 2015, this Court is of the view that the petitioner should be afforded an opportunity of personal hearing to put-forth their objections, which they have already done vide their representation dated 31.03.2016.
6. In the light of the above, there will be a direction to the second respondent to consider the petitioner's representation dated 31.03.2016, afford them an opportunity of personal hearing and after perusing all the documents and records to be placed by the petitioner at the time of hearing, the second respondent is directed to pass a speaking order on merits and in accordance with law, within a period two weeks from the date on which the personal hearing is concluded. Till orders are passed by the second respondent, the impugned demand shall be kept in abeyance.
With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar gm To 1.The Chairman, Tamil Nadu Generation and Distribution Company Ltd., (TANGEDCO), No.144, Anna Salai, Chennai-600 002.
2.The Superintending Engineer, Tamil Nadu Generation and Distribution Company Ltd., Krishnagiri Electricity Distribution Circle, Krishnagiri.
+ 1cc to Mr.G.Vesudevan, Advocate Sr.22411 W.P.No.13252 of 2016 SKV(CO) Eu 13.04.2016