Tvl.Sakathi Murugan Textiles v. The Tamilnadu Electricity
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.04.2023
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Tvl.Sakathi Murugan Textiles, Rep. By The Partner, Mathakadai Thottam, S.F.No.141/2, Pallapalayam, Irugur, Coimbatore-641 103
...Petitioner
-Vs1. The Tamilnadu Electricity Regulatory Commission (Tnerc) Rep. By The Secretary, 19-A, Rukmani Lakshmipathi Salai, Egmore, Chennai 8
2. The Chairman, Tamilnadu Transmission and Distribution Corporation Limited New No.144 (Old 800), Anna Salai, Chennai 2
3. The Chairman, Tamilnadu Generation and Distribution, New No.144 (Old 800), Anna Salai, Chennai-2.
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4. The Chief Financial Controller/Revenue, Tamil Nadu Generation and Distribution Corporation Limited, New No.144 (Old 800) Anna Salai, Chennai-2
5. The Superintending Engineer, Tamilnadu Electricity Distribution, Tirunelveli Electricity Distribution Circle, Tirunelveli District.
6. The Superintending Engineer, Tamil Nadu Electricity Distribution Corporation Limited, Coimbatore Metro Electricity Distribution Circle, Tatabad, Coimbatore-641 012.
...Respondents
Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorari, to call for the records of the 4th respondent in Lr.No./CFC/FC/DFC/AAO.HT/AS3/D. No.118/13 dt 22.8.2013 and consequential proceedings of the 6th respondent in Lr. No. SE/CEDC/M/DFC/AO/REV/F.trans/D. No. 565/2013 dt 18.9.2013 and quash the both as illegal in so far as demanding transmission charges for the period 1.8.2012 up to 20.6.2013 for the Financial Year 2012-2013. For Petitioner : Mr.S.Rajesh For Respondents : Mr.L.Jai Venkatesh for TANGEDCO 2/6
O R D E R
The writ petition has been filed questioning the validity of the demand notice issued by the respondent/TANGEDCO in proceeding dated 22.08.2013 and the consequential proceedings dated 18.09.2013 and 26.09.2013.
2.The learned counsel appearing for the respondent TANGEDCO filed a typed set of papers and contended that during the pendency of the writ petition, the representation submitted by the writ petitioner was considered and a revised demand order was passed in a proceeding dated 31.01.2015. As per the said demand order dated 31.01.2015, the petitioner has already paid the demanded amount and therefore, the original cause set out in the writ petition does not exist as of now. Further, the petitioner has not challenged the revised demand notice issued by the respondent in the proceeding dated 31.01.2015 but has deposited the said amount. 3.That being the factum, no further adjudication needs to be entertained in respect of the grounds raised in the writ petition. If at all, 3/6
any other grievance exists to the writ petitioner, they are at liberty to approach the competent authorities. Accordingly, writ petition stands disposed of. No costs.
(sha) 11.04.2023 Index : Yes Speaking Order To
1. The Tamilnadu Electricity Regulatory Commission (Tnerc) Rep. By The Secretary, 19-A, Rukmani Lakshmipathi Salai, Egmore, Chennai 8
2. The Chairman, Tamilnadu Transmission and Distribution Corporation Limited New No.144 (Old 800), Anna Salai, Chennai 2
3. The Chairman, Tamilnadu Generation and Distribution, New No.144 (Old 800), Anna Salai, Chennai-2.
4. The Chief Financial Controller/Revenue, Tamil Nadu Generation and Distribution Corporation Limited, New No.144 (Old 800) Anna Salai, Chennai-2 4/6
5. The Superintending Engineer, Tamilnadu Electricity Distribution, Tirunelveli Electricity Distribution Circle, Tirunelveli District.
6. The Superintending Engineer, Tamil Nadu Electricity Distribution Corporation Limited, Coimbatore Metro Electricity Distribution Circle, Tatabad, Coimbatore-641 012.
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S.M.SUBRAMANIAM . J., (sha) 11.04.2023 6/6