Govaan Steel (P) Ltd., Ht v. Tamilnadu Electricity

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2022

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.Nos.32990 & 32991 of 2013 and M.P.Nos.1 & 2 of 2013 Govaan Steel (P) Ltd., HTSC No.229 S.F.No.544/1,2,3 Sengalipalayam Pirivu Chinnakanur (Po) Kanur Village, Annur 641 653 Rep.its Authorised Signature Mr.G.Sekar

...Petitioner in both W.P.Nos.

Vs.

1.Tamil Nadu Electricity Regulatory Commission repd. By its Secretary 19-A, Rukmini Lakshmipathy Salai (Marshall's Road) Egmore, Chennai 600 008.

2.The Chairman Tamil Nadu Electricity Board 144, Anna Salai, Chennai 600 002.

3.The Superintending Engineer Tiruppur Elec. Distribution Circle Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) Tiruppur.

...Respondents in both W.P.Nos.

Prayer in W.P.No.32990 of 2013:- This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari, calling for the records of the third respondent in his impugned demand Lr.No.SE/TEDC/TPR/DFC/AO/R/HT/SC.229/D 4038/2013 dated .

10.2013 quash the same for the towards alleged short levy of excess adjustment of third party power for the month of June/2012.

Prayer in W.P.No.32991 of 2013:- This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, calling for the records of the third respondent in his impugned demand Lr.No.SE/TEDC/TPR/AO/R/DFC/F.HT/BOAB/D 67/13 dated 12.02.2013 quash the same for the towards alleged short levy of excess adjustment of third party power for the month from 27.06.2011 to 24.03.2012 and consequently, direct the third respondent to give refund/adjustment of Rs.35,58.646/- illegally collected from the petitioner.

For Petitioner in both W.P.Nos.

: Mr.R.S.Pandiyaraj For Respondents : Mr.Abul Kalam both W.P.Nos. Standing Counsel COMMON ORDER These writ petitions have been filed challenging the correctness of the impugned Bill dated 10.2013 issued by the Superintending Engineer, Erode, the third respondent herein.

2. The learned counsel appearing for the petitioner would submit that when the similar issue was questioned by the Tamil Nadu Spinning Mills Association against the Tamil Nadu Electricity Regulatory Commission and others in I.A. No.736 of 2019 in D.F.R. No.1584 of 2019, the Appellate Tribunal for Electricity by order dated 24.07.2019 has passed an interim order to the effect that no coercive steps shall be taken against the appellant till the next date of hearing.

3. In view of the fact that an interim order dated 24.07.2019 has been passed by the Appellate Tribunal for Electricity in favour of the Tamil Nadu Spinning Mills Association in the similar issue as that of the petitioner, the writ petitions are disposed of. No coercive steps shall be taken against the petitioner till the orders are passed by the respondents. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar pvs To 1.The Tamil Nadu Electricity Regulatory Commission repd. By its Secretary 19-A, Rukmini Lakshmipathy Salai (Marshall's Road) Egmore, Chennai 600 008.

2.The Chairman Tamil Nadu Electricity Board 144, Anna Salai, Chennai 600 002.

3.The Superintending Engineer Tiruppur Elec. Distribution Circle Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) Tiruppur.

+1 cc to Mr.R.S.Pandiaraj, Advocate Sr.NO. 13501 W.P.Nos.32990 & 32991 of 2013 and M.P.Nos.1 & 2 of 2013 spd(CO) A.SK(11/03/2022)