M/S.Alliance Mall Developers Co.Pvt.Ltd v. Tamil Nadu Generation And Distribution

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.09.2020

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH WP.No.13446 of 2020 & WMP.Nos.16615 & 16616 of 2020 M/s. Alliance Mall Developers Co.Pvt.Ltd.

S.F.No.201, Sivanandapuram, Sathy Road, Saravanampatti (PO) Coimbatore 641 035 represented by its authorised Signatory Mr.Praveen Methil ..Petitioner

Versus

1. Tamil Nadu Generation & Distribution Corporation Limited [TANGEDCO] represented by its Chairman and Managing Director, 144, Anna Salai, Chennai 600 002.

2. The Superintending Engineer, Coimbatore Electricity Distribution Circle, Metro. TANGEDCO Ltd., Coimbatore 641 012.

Respondents Prayer in WP.No.13446/2020:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified Mandamus calling for the records in High Tension Bill No.9094300628052002, dt. 18th May 2020, High Tension Bill No.9094300628062002 dt.05th June 2020, High Tension Bill No.9094300628072001dt. 4th July 2020, High Tension Bill No.9094300628082003 dt.03rd August 2020 and High Tension Bill No.9094300628092002 dt. 4th September 2020 for HT Service Connection No.039094300628 issued by the 2nd respondent and all further penal or interest charges pursuant thereto ("Impugned Proceedings") and quash the same insofar as it relates to item 8 thereof i.e.

Demand charges and 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 Tamilnadu Electricity Supply Code 2004 and to restrain 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 .

https://hcservices.ecourts.gov.in/hcservices/

For Petitioner :Mr.Dwarakesh Prabakaran For Respondents :Mr.Damodaran Standing counsel COMMON ORDER 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.

2.Accordingly, these writ petitions are allowed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Chairman and Managing Director, Tamil Nadu Generation & Distribution Corporation Limited [TANGEDCO] 144, Anna Salai, Chennai 600 002.

2. The Superintending Engineer, Coimbatore Electricity Distribution Circle, Metro. TANGEDCO Ltd., Coimbatore 641 012.

+1cc to Mr.P.Gunaraj, Advocate in SR.NO..31179 +1cc to M/s.Dwarakesh Prabakaran in SR.NO..31435 WP.No.13446 of 2020 & WMP.Nos.16615 & 16616 of 2020 (CO) RV(03/12/2020) https://hcservices.ecourts.gov.in/hcservices/