Viking Textiles Pvt. Limited, v. Tamil Nadu Electricity
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.03.2020
CORAM:
THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM W.P.No. 3708 of 2012 and M.P.No.1 of 2012 Viking Textiles (Pvt) Limited, HTSC No.101, 505, Avanashi Road, Tirupur - 641 603 repd by its Manager, S. Loganathan
...Petitioner
Vs.
1. Tamil Nadu Electricity Regulatory Commission, Rep. by its Secretary, 19 A, Rukmani Lakshmipathi Salai,(Marshall's Road) Egmore, Chennai - 600 008.
2. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
3. The Chief Engineer, NCES, 144, Anna Salai, Chennai - 600 002.
4. The Superintending Engineer, Udumalpet Electricity, Distribution circle, TANGEDCO, TNEB, Udumalpet.
...Respondents
Prayer:- Writ Petition filed under Article 227 of the Constitution of India in the nature of Writ of Certiorarified Mandamus, calling for the records of the 4th respondent in his Bill No.101 dated 30.01.2012 in so far as it relates to levy of penalty in the form of excess demand charges of Rs.88,549.80/- in Serial No.13(f) as illegal, arbitrary, without the authority of law, forbear the 4th respondent from taking energy adjusted instead of energy available to the credit of the petitioner for the purpose of equivalent demand calculation till the power cut, load shedding are in force and consequently direct the 4th respondent
to give refund/adjustment of the amount already collected from the petitioner.
For petitioner : Mr. R.S. Pandiyaraj For respondent : Mr.N. Damodharan, Standing Counsel
O R D E R
This writ petition has been filed by the petitioner seeking for issuance of a writ of certiorarified mandamus to call for the records of the 4th respondent in his Bill No.101 dated 30.01.2012 in so far as it relates to levy of penalty in the form of excess demand charges of Rs.88,549.80/- in Serial No.13 (f) of the said Bill, quash the same as illegal, arbitrary, without the authority of law and consequently forbear the 4th respondent from taking energy adjusted instead of energy available to the credit of the petitioner for the purpose of equivalent demand calculation till the power cut, load shedding are in force and consequently direct the 4th respondent to give refund/adjustment of the amount already collected from the petitioner.
2. When the matter is taken up for hearing, the learned counsel for the petitioner submitted that the matter is pending before the Appellate Tribunal for Electricity.
3. Recording the submissions made by the learned counsel for the petitioner, as the matter is seized of by the Appellate Tribunal for Electricity, this Court directs that the parties shall abide by the result of the Appellate Tribunal for Electricity.
Accordingly, the writ petition stands disposed of. No costs. Connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mp
To
1. Tamil Nadu Electricity Regulatory Commission, Rep. by its Secretary, 19 A, Rukmani Lakshmipathi Salai,(Marshall's Road) Egmore, Chennai - 600 008.
2. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
3. The Chief Engineer, NCES, 144, Anna Salai, Chennai - 600 002.
4. The Superintending Engineer, Udumalpet Electricity, Distribution circle, TANGEDCO, TNEB, Udumalpet.
W.P.No. 3708 of 2012 and M.P.No.1 of 2012 RGN(CO) GS(09/06/2020)