M/S.Spac Starch Products (India) Limited v. The Tamil Nadu Generation And Distribution

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.17056 of 2022 and WMP.Nos.16359, 16360 & 16361 of 2022 M/s.SPAC Starch Products (India) Private Limited, Poonachi, Anthiyur Taluk, Erode 638 314 Tamilnadu, India ... Petitioner Vs.

1.The Tamilnadu Generation and Districtbution Corporation Ltd. (TANGEDCO), Rep. By its Chairman & Managing Director, No.144, Anna Salai, Chennai 600 002 2.The Superintending Engineer, TANGEDCO, Gobi Electricity Distribution Circle, 132-D Cutchery Street, Gobichettipalayam 638 452 3.The Chief Engineer/PPP, TANGEDCO, 2nd Floor, Eastern Wing, NPKRR Maligai, 144, Anna Salai, Chennai 600 002 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorari calling for the records comprised in of impugned letter dated 22.01.2020 bearing Lr.No.SE/ 1/4

GEDC/G/DFC/AO/Rev/AS/HT/F - 0092/2020/D.No.16/20, issued by the second respondent and quash the same as being arbitrary and illegal. For Petitioner : Mr.Rahul Balaji For Respondents : Mr.I.Syed Sibghatulla, Standing Counsel for TNEB

ORDER

This writ petition has been filed challenging the letter dated 22.01.2020 bearing Lr.No.SE/ GEDC/G/DFC/AO/Rev/AS/HT/ F-0092/2020/D.No.16/20, issued by the second respondent 2.

It is seen from the proceedings dated 17.04.2024, charges were arrived beyond the agreement period. Therefore, revised demand notice was issued to the consumer on 23.11.2022 limiting the charges upto 04.05.2018 and the generator has paid the charges on 29.11.2022. Accordingly, audit objection was also dropped. Thereafter, the petitioner applied for new service connection under Tariff IV in the same name and the supply was effected on 20.10.2023 for 500 KVA. 2/4

3.

Recording the above, this writ petition is closed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

03.06.2024 Index: Yes/No Speaking/Non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To 1.Chairman & Managing Director, The Tamilnadu Generation and Districtbution Corporation Ltd. (TANGEDCO), No.144, Anna Salai, Chennai 600 002 2.The Superintending Engineer, TANGEDCO, Gobi Electricity Distribution Circle, 132-D Cutchery Street, Gobichettipalayam 638 452 3.The Chief Engineer/PPP, TANGEDCO, 2nd Floor, Eastern Wing, NPKRR Maligai, 144, Anna Salai, Chennai 600 002 03.06.2024 4/4