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Madras High CourtWP/3804/2012disposed of

Sri Dhanalakshmi Sizing And v. Tamil Nadu Electricity

2020-03-09Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2020

CORAM:

THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM W.P.No. 3804 of 2012 and M.P.No.1 of 2012 Sri Dhanalakshmi Sizing and Spinning Mill, SF No. 226/3, NH 47, Avinashi Road, Karumathampatti, Coimbatore - 641 659.

...Petitioner

Vs.

1. Tamil Nadu Electricity Regulatory Commission, Rep. by its Secretary, 19 A, Rukmani Lakshmipathi Salai, Egmore, Chennai - 600 008.

2. The Chairman, 144, Anna Salai, Chennai - 600 002.

3. The Superintending Engineer, Coimbatore Electricity Distribution Circle, Tatabad, Coimbatore.

...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 3rd respondent in HT Bill No.265 dated 01.10.2011, 01.12.2011, 01.01.2012 and 01.02.2012 and quash the same in so far as the penalty alone (Sl No.13 (f) Extra Levy for Exceeding Limits) and consequently direct the 3rd respondent to revise CC Bills for the month of September, November and December 2011, and January 2012 in HT Service Connection No.265 of the petitioner Firm.

For petitioner : Mr. P. Saravana Sowmiyan 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 3rd respondent in HT Bill No.265 dated 01.10.2011, 01.12.2011, 01.01.2012 and 01.02.2012 and quash the same in so far as the penalty alone (Sl No.13 (f) Extra Levy for Exceeding Limits) and consequently direct the 3rd respondent to revise CC Bills for the month of September, November and December 2011, and January 2012 in HT Service Connection No.265 of the petitioner Firm.

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.The Secretary, Tamil Nadu Electricity Regulatory Commission, 19 A, Rukmani Lakshmipathi Salai, Egmore, Chennai - 600 008.

2.The Chairman, 144, Anna Salai, Chennai - 600 002.

3. The Superintending Engineer, Coimbatore Electricity Distribution Circle, Tatabad, Coimbatore.

W.P.No. 3804 of 2012 and M.P.No.1 of 2012 RK(CO) GS(28/05/2020)