Srp Prosperita Hotel Ventures Ltd v. The Tamil Nadu Generation And Distribution Corporation Ltd.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.08.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.12217 of 2021 and W.M.P.No.12990 of 2021 SRP Prosperita Hotel Ventures Ltd., Represented by its Director Shri.badri Palaniappan 110, Rajiv Gandhi Salai, Old Mahabalipuram Road, (OMR) Thiruvanmiyur, Chennai - 600 041.
... Petitioner Vs.
1. The Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO) Rep. by its Chairman and Managing Director, 144, Anna Salai, Chennai - 600 002.
2. The Deputy Financial Controller/Revenue, The Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO) 144, Anna Salai, Chennai - 600 002.
3. The Accounts Officer/Revenue, O/o.The Superintending Engineer, CEDC/South-II, 110, KV SS Complex, KK Nagar, Chennai - 78.
4. The Tamil Nadu Electricity Regulatory Commission (TNERC) Rep. by its Secretary, TIDCO Office Building, No.19-A, Rukmani Lakshmipathi Salai, Marhalls Road, Egmore, Chennai - 600 008.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining the 2nd Respondent, challenging the levy of maximum demand charges in the HighTension Bills raised by the Respondent No.2 during the period of lockdown imposed by the Government culminating in bills dated 06.05.2020, 05.06.2020, 06.07.2020, 04.08.2020, 04.09.2020
quash the same and consequently direct the respondents herein to issue fresh Bills for the period of lockdown, in terms to Regulation 6(b) of the Tamil Nadu Electricity Supply Code, 2004 and adjust the excess sums paid with future bills and further forbear the respondents herein from levying and collecting any sums in excess of Minimum Charges with respect to petitioner's service connection No.099094011012.
For Petitioner : Ms.Hema Muralikrishnan For Respondents : Mr.L.Jai Venkatesh Standing Counsel
O R D E R
The issue that has been raised in this present writ petition is covered by the orders passed by this Court in a batch of writ petitions in WP. Nos.7678, 7679, 9141, 9312, 9537, 9538, 9550, 10012, 10042, 10044, 10031, 9825, 9831, 10087, 10091, 10110, 10164, 8852 and 9689 of 2020 dated 14.08.2020. Consequently, the directions issued by this Court in the batch of writ petitions be equally applied to the present writ petition also. Accordingly, this writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar ssr To
1. The Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO) Rep. by its Chairman and Managing Director, 144, Anna Salai, Chennai - 600 002.
2. The Deputy Financial Controller/Revenue, The Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO) 144, Anna Salai, Chennai - 600 002.
3. The Accounts Officer/Revenue, O/o.The Superintending Engineer, CEDC/South-II, 110, KV SS Complex, KK Nagar, Chennai - 78.
4. The Tamil Nadu Electricity Regulatory Commission (TNERC) Rep. by its Secretary, TIDCO Office Building, No.19-A, Rukmani Lakshmipathi Salai, Marhalls Road, Egmore, Chennai - 600 008.
+1CC to Mr.L.Jaivenkatesh, Advocate, Sr.No.42379 +1CC to Mr.L.Murali Krishnan, Advocate, Sr.No.41974 W.P.No.12217 of 2021 and W.M.P.No.12990 of 2021 AK (CO) K.RK. (16.09.2021)