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Madras High CourtWP/11472/2020allowed

Plaza Maintenance And Services v. Tamil Nadu Generation And

2020-08-25Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.Nos.11472 & 11482 of 2020 and W.M.P.Nos.14005, 14006, 14020 & 14021 of 2020 Plaza Maintenance and Services Limited, Spencer Plaza, 769, Anna Salai, Chennai - 600 002 Represented by its Director, M.Balasubramaniam ... Petitioner in both writ petitions Vs.

1.Tamil Nadu Generation and Distribution Corporation Ltd., 10th Floor, NPKRR Maaligai, 144, Anna Salai, Chennai - 600 002 Represented by its Chairman and Managing Director 2.The Superintending Engineer, TANGEDCO, MGR Salai, 110/33/11KV Valluvar Kottam SS Complex, Nungambakkam, Chennai - 600 034.

... Respondents in both writ petitions Prayer in W.P.No.11472 of 2020: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records in High Tension Bill No.9094022245052001 dated 07.05.2020, High Tension Bill No.9094022245062001 dated 08.06.2020, High Tension Bill No.9094022245072001 dated 06.07.2020 and High Tension Bill No.9094022245082003 dated 05.08.2020 for the Service Connection No.019094022245 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 to consequentially direct the respondents to issue bills for minimum demand charges at 20% of the sanctioned demand 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 lockdown period.

Prayer in W.P.No.11482 of 2020 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records in High Tension Bill No.9094022418052002 dated 07.05.2020, High Tension Bill No.9094022418062001 dated 08.06.2020, High Tension Bill No.9094022418072001 dated 06.07.2020 and High Tension Bill No.9094022418082003 dated 06.08.2020 for Service Connection No.019094022418 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 to consequentially direct the respondents to issue bills for minimum demand charges at 20% of the sanctioned demand 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 lockdown period.

For Petitioner : Mr.Dwarakesh Prabhakaran in both writ petitions For Respondents : Mr.P.R.Dhilip Kumar Standing Counsel in both writ petitions C O M M O N O R D E R The issue that has been raised in these present writ petitions is covered by the orders passed by this Court in a batch of writ petitions in WP. 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, these writ petitions are allowed. No costs. Consequently, connected miscellaneous petitions are closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar

To

1. The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., 10th Floor, NPKRR Maaligai, 144, Anna Salai, Chennai - 600 002.

2. The Superintending Engineer, TANGEDCO, MGR Salai, 110/33/11KV Valluvar Kottam SS Complex, Nungambakkam, Chennai - 600 034.

+2cc to Mr.P.R.Dhilip Kumar, Advocate in SR.27577 +2cc to Mr.Dwarakesh Prabakar, Advocate in SR.27645 & 27644 W.P.Nos.11472 and 11482 of 2020 AK (CO) RV (14/09/2020)