Madras High CourtWP/10564/2020allowed

I.Vetrivel v. Tamilnadu Generation And

2020-08-14Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.10564 of 2020 and W.M.P.Nos.12831, 12834 & 12835 of 2020 I.Vetrivel S/o.late Iirulandi Thevar Proprietor Vetri Cinemas, Thiru Valluvar Nagar, Usilampatti Taluk, Madurai District.

... Petitioner Vs.

1.Tamil Nadu Generation and Distribution Corporation Limited, Represented by its Chairman, Managing Director, No.144, Anna Salai, Chennai-600 002.

2.The Deputy Financial Controller, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), CEDC/Central, MGR Salai, Valluvar Kottam SS Complex, Nungambakkam, Chennai-600 034.

3.The Superintending Engineer, The Office of the Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Theni Circle, NRT Nagar, Theni Allinagaram, Tamil Nadu 625531.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Certiorarified Mandamus, calling the records leading to the issuance of the impugned High Tension Bills (Provisional) by the 2nd respondent for March 2020 (Bill No.9094760107042001 dated 01.04.2020), for the month of April 2020 (Bill No.9094760107052001 dated 02.05.2020), for May 2020 (Bill No.9094760107062001 dated 01.06.2020) and for June 2020 (Bill No.9094760107072002 dated 01.07.2020) pertaining to Service No.059094760107, in violation Regulation 6(b) of the Tamil Nadu Electricity Supply Code, 2004 and quash the same and

direct the respondents to raise the monthly Bill calculating the Maximum Demand Charges at the rate of 20% as per 6(b) of the Tamil Nadu Electricity Supply Code, 2004, till the extended period of Lock Down, by the Government of Tamil Nadu and not to levy power factory penalty till the present Covid-19 Lock Down is lifted and operation of Cinema theatre commences in so far the petitioner is concerned and further direct the respondents to refund the excessively collected demand charges in contrary to the Rule 6(b) of the Tamil Nadu Electricity Supply Code pertaining to the Petitioner's theatre is concerned. For Petitioner : Mr.K.R.Laxman For Respondents : Mr.N.Damodharan Standing Counsel

O R D E R

By consent given by both sides, this writ petition is taken up for final hearing at the admission stage itself.

2. 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 petition Nos.7678 of 2020 etc,. dated 14.08.2020.

3. Consequently, the direction given by this Court in the above batch of writ petitions will squarely apply to the present writ petition also. Accordingly, this writ petition is allowed. No Costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.Tamil Nadu Generation and Distribution Corporation Limited, Represented by its Chairman, Managing Director, No.144, Anna Salai, Chennai-600 002.

2.The Deputy Financial Controller, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), CEDC/Central, MGR Salai, Valluvar Kottam SS Complex, Nungambakkam, Chennai-600 034.

+1cc to Mr.KR.Laxman, Advocate SR.26828 W.P.No.10564 of 2020 and W.M.P.Nos.12831, 12834 & 12835 of 2020 LN (CO) RV (04/09/2020)