Cheyyar Cooperative Sugar v. Tamil Nadu Generation And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.6635 of 2015 M.P.Nos.3 and 4 of 2015 Cheyyar Cooperative Sugar Mills Limited Rep by its Managing Director Anakkavoor - Thenthandalam Cheyyar 604 401.
...Petitioner
.Vs.
1. Tamil Nadu Generation and Distribution Corporation Limited Rep by its Chairman NPKRR Maaligai 144, Anna Salai
2. The Chief Finance Controller/Revenue TANGEDCO (Accounts Branch) 144, Anna Salai
3. The Director (Finance) TANGEDCO 144 Anna Salai
4. The Superintending Engineer TANGEDCO, Thiruvannamalai Circle Thiruvannamalai.
5. Tamil Nadu Electricity Regulatory Commission No.19A Rukmini Lakshmipathy Salai Egmore, Chennai 600 008.
...Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the second respondent in the impugned instruction the second respondent in
Letter No.CFC/FC/DFC/AAO.HT/AS.3/D.NO.126/13 dt 7.9.2013 and the consequent demand notices received from the 4th respondent in Lr. No. SE/ TEDC/ AO/REV/RCS/A.1/F. Start Up Power/D386-1/2013 dt 12.11.2013 and quash the same as being arbitrary, illegal and without authority of law and to consequently direct refund of the sum of Rs.13,29,645/- collected towards start-up power charges from the petitioner together with interest at the same rate charged by the respondents towards Belated Payment Surcharge quash the same and direct the respondents to collect payment for drawal of power during season and offseason in terms of the PPA and applicable Tariff Orders, or, in the alternative, to collect payment for drawal of power under HT / A both during season and off-season.
For Petitioner : Mr.Rahul Balaji For Respondents : Mr.L.Jaivenkatesh Standing Counsel
O R D E R
The issue that has been raised in the present writ petition is covered by the orders passed by this Court in the batch of Writ Petitions in W.P.Nos.26266, 26553, 26554, 27269, 28093, 28443, 27324, 27325, 27326, 27807, 27808, 27841, 28374, 28438, 28440, 28451, 28885, 28886, 28952, 30433, 30502, 30629, 30630, 31160, 33026, 33113, 33151, 33150, 33210, 33115, 33116, 33117, 33119, 33118, 33114, 34739, 35041, 35042 of 2013 and 848, 869, 4924, 14037, 14952 272, 6382, 17057 of 2014 and 3522 of 2017 dated 27.08.2021. Consequently, the directions given by this Court will equally apply to the present writ petition also. 2.Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KP To
1. Tamil Nadu Generation and Distribution Corporation Limited, Rep by its Chairman NPKRR Maaligai 144, Anna Salai
2. The Chief Finance Controller/Revenue, TANGEDCO (Accounts Branch), 144, Anna Salai,
3. The Director (Finance), TANGEDCO, 144 Anna Salai,
4. The Superintending Engineer, TANGEDCO, Thiruvannamalai Circle, Thiruvannamalai.
5. Tamil Nadu Electricity Regulatory Commission , No.19A Rukmini Lakshmipathy Salai , Egmore, Chennai 600 008.
W.P.No.6635 of 2015 AD[co] NSK 20/10/2021