Shri Santhosh Meenakshi Textiles P Ltd v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2019

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.Nos.16334, 16339, 16340 & 16342 of 2019 and W.M.P.Nos.16007, 16011, 16013, 16017 to 16019, 16021, 16022, 16024 and 16026 to 16028 of 2019 W.P.No.16334/2019 Shri Santhosh Meenakshi Textiles P.Ltd., HTSC No.337, 12/5, Thekkalur (NH.47), Avinashi Taluk, Tirupur, G.Gnanasivakumar ... Petitioner in WP.No.16334 of 2019 Coimbatore Electricity Distribution Circle/South,

W.P.No.16339/2019 Ruckmani Ammal Cotspin (Pvt) Ltd., HTSC No.272, No.264/4A, Chinnaveerampatty, Paukkulam Post, Udumalpet-642 126 K.Nagarajan ... Petitioner in WP.No.16339 of 2019 Udumalpet Electricity Distribution Circle/South, Udumalpet.

W.P.No.16340/2019 Shri Visaka Textiles P.Ltd., HTSC No.299, Plat No.8, Sundaram Apartments No.83, Race Course, Coimbatore K.Nagarajan ... Petitioner in WP.No.16340 of 2019

Coimbatore Electricity Distribution Circle/South, W.P.No.16342/2019 Naga Limited Foods, HTSC No.073,Plat NO.8, Soundaram Apartments, No.3/315, Melakandamangalam Village, Thiruchuli, Aruppukottai, M.Rajkumar ... Petitioner in W.P.No.16342/2019 Virudhynagar Electricity Distribution Circle/South, Virudhunagar.

COMMON PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records of the 2nd respondent contained in impugned letter No.CFC/FC/DFC/AAO.HT/AS.3/REV/D.N.115/13 dated 29.07.2013 and quash the same as arbitrary, illegal and violative of the provisions of the Electricity Act, 2003 and the orders of the TNERC.

For Petitioner in all WPs : Mr.R.S.Pandiyaraj For Respondents in all Wps : Mr.S.K.Rameshwar COMMON ORDER Heard the Learned Counsel for the Petitioners and the Learned Counsel for the Respondents.

2. Aggrieved by the withdrawal of deemed demand benefit extended to the petitioners by the respondents and consequent demand of charge, the present writ petitions are filed.

3. When batch of writ petitions are filed before this Court, challenging the withdrawal of concession of the deemed demand charges, the learned single Judge of this Court upheld and quashed the impugned order.

4. Aggrieved by that the respondent/TANGEDCO preferred an appeal and the same is pending before the Division Bench of this Court. The Division Bench, while admitting the appeal preferred by the respondents herein have directed to the third parties to pay 50% of demand made pursuant to the impugned notice.

5. It is submitted by the learned counsel for the petitioners as well as the respondents that the said Writ Appeal is pending.

6. In the light of the interim order passed by this Court on line with the interim order passed by the Division Bench, the petitioners have paid 50% of the deemed demand charges on 12.06.2019.

7. Recording the same, these Writ Petitions are disposed of. With direction that the petitioners are liable to pay the balance deemed demand charges, if the Writ Appeal filed by the respondents herein is allowed and they shall abide by any order

passed by the Division Bench. Till the disposal of the Writ Appeal, the petitioners shall continue to pay 50% of deemed demand charges. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rpl To (TANGEDCO), 144, Anna Salai, Chennai-600 002. (TANGEDCO), 144, Anna Salai, Chennai-600 002. TANGEDCO, Coimbatore Electricity Distribution Circle/South,

4. The Superintending Engineer, TANGEDCO, Udumalpet Electricity Distribution Circle/South, Udumalpet.

5. The Superintending Engineer, TANGEDCO, Virudhynagar Electricity Distribution Circle/South, Virudhunagar.

6. Tamil Nadu Electricity Regulatory Commission, +4ccs to Mr.R.S.Pandiyaraj, Advocate, S.R.No.55153 W.P.Nos.16334, 16339, 16340 && 16342 of 2019 and W.M.P.Nos.16007, 16011, 16013, 16017 to 16019, 16021, 16022, 16024 and 16026 to 16028 of 2019 CA(CO) CS/28/08/2019