M/S.Brookefields Estates Pvt. v. Tamilnadu Generation And Distribution Corporation Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.11250 of 2020 and W.M.P.No.13714 of 2020 M/s. Brookefields Estatges Pvt. Ltd., 67-71 Krishnasamy Road, Coimbatore 641 001 represented by its Director Mr. M.Balasubramaniam, Age 68

...Petitioner

Vs.

1.Tamil Nadu Generation and Distribution Corporation Ltd., 10th floor, NPKRR Maaligai, 144, Anna Salai, Chennai 600 002 rep. by its Chairman & Managing Director.

2. The Superintending Engineer, Coimbatore Electricity Distribution Circle, Metro, TANGEDCO Ltd., Coimbatore - 641 012 ...Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Certiorarified Mandamus, to call for the records in High Tension Bill NO.9094350360052002 dated 18.05.2020, High tension Bill. No.9094350360062001 dated 06.06.2020, High Tension Bill NO.9094350360072002 dated 09.07.2020 and High Tension Bill NO.9094350360082003 dated 07.08.2020 for HT Service Connection No.039094350360 issued by the 2nd respondent and all further penal or interest charges pursuant thereto (impugned proceedings) and quash the same in so far as it relates to item 8 thereof i.e.

demand charges and consequentially direct the respondents to issue bills for minimum demand charges strictly in compliance with regulation 6 (b) of the Tamil Nadu Electricity Supply Code 2004 and to refrain from levying or recovering any demand charges in excess of minimum demand charges under regulation 6(b) of the Tamil Nadu Electricity Supply code 2004 and to refund any amounts collected or adjusted from the security deposit towards the excess/maximum demand charges for any part of the covid-19 lock down period.

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For Petitioner :

Mr. Dwarakesh Prabhakaran For Respondents :

Mr.Mr. P.R.Dhilip Kumar, Standing Cousel

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 a batch of writ petitions in W.P.Nos.7678, 7679, 9141, 9312, 9537, 9538, 9550, 10012, 10042, 10044, 10031, 9825, 9831, 10087, 10091, 10110, 10164, 8852 and 9689 of 2020 dated 14.08.2020. Consequently, the directions issued by this Court in the batch of writ petitions be equally applied to the present writ petition also. Accordingly, the writ petition is allowed. NO costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mrp To 1.Tamil Nadu Generation and Distribution Corporation Ltd., 10th floor, NPKRR Maaligai, 144, Anna Salai, Chennai 600 002 rep. by its Chairman & Managing Director.

2. The Superintending Engineer, Coimbatore Electricity Distribution Circle, Metro, TANGEDCO Ltd., Coimbatore - 641 012 +1cc to M/s.Dwarakesa Prabhakaran, Advocate, SR.No.27425 W.P.No.11250 of 2020 VSNII(CO) RN(23/10/2020) https://hcservices.ecourts.gov.in/hcservices/