Kevin Steels Pvt Ltd Ht Sc.No. 1999 v. The Tamil Nadu Generation And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.16885 of 2021 Kevin Steels Pvt Ltd., HTSC No.1999 No.86A, Kamatchi Nagar Main Road Valarasavakkam, Chennai 600 087 Rep.by its Director D.Amarsan Bagthasingh ... Petitioner -Vs1.

The Tamil Nadu Generation and Distribution Corporation Ltd (TANGEDCO) Rep by its Chairman and Managing Director 10th Floor No.144 Anna Salai Chennai- 600 002.

2. The Account Officer/ Revenue The Superintending Engineer Office (TANGEDCO) Chennai Electricity Distribution Circle/ North No.144 Anna Salai Chennai- 600 002. 3.

The Director of Industrial Safety and Health No.47/1 Block 6 Thiru.Vi.Ka.Industrial Estate Guindy Chennai- 32.

4. The Joint Director of Industrial Safety and Health-I No.47/1 Block 6 , Thiru.Vi.Ka.Industrial Estate Guindy, Chennai- 32.

5. The Deputy Director -II No.47/1 Block 6 Thiru.Vi.Ka.Industrial Estate Guindy Chennai- 32.

... Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the Calling for the records of the 2nd Respondents impugned the 2nd Respondents impugned CC Bill dated 02.11.2020 for the month of 10/2020 insofar as serial no.8 demand charges alone is concern and quash the same as arbitrary illegal and contrary to Regulations 6 (b) (i) of the Tamil Nadu Electricity Supply code 2004 and consequently direct the 2nd Respondent to revise the petitioners CC Bills for the 10/2020 for HTSC Nos.1999 in line with Regulations 6 (b) (i) of the Tamilnadu Electricity supply

code 2004 by Considering the 5th Respondents temporary closure letter dated 30.09.2020 as the required 'certificate from the labour officer' and refund of the excess demand charges of Rs.16,56,900/- illegally collected from the petitioner. For Petitioner :

Mr.R.S.Pandiyaraj For Respondents :

Mr.L.Jai Venkatesh, Standing Counsel

O R D E R

The issue that has been raised in the present writ petition is covered by the order passed by this Court in W.P.No.16034 of 2020 dated 22.03.2021. The relevant portions of the order is extracted hereunder.

"

8. Therefore, it is made clear that if the respondents find the material to establish that the Service Connection had been used during the interregnum period, it is always open to them to issue fresh notice to the petitioner and thereafter, take a decision on the waiver of demand charge as per Regulation 6(b)(i) of the Tamil Nadu Electricity Supply Code.

9. Accordingly, this writ petition is allowed. No costs. The connected miscellaneous petition is closed."

2. The learned counsel for the petitioner requested that the present writ petition may be decided on the same line.

3. In view of the above, the present writ petition deserves to be allowed with the following direction.

" It is made clear that if the respondents find the material to establish that the Service Connection had been used during the interregnum period, it is always open to them to issue fresh notice to the petitioner and thereafter, take a decision on the waiver of demand charge as per Regulation 6(b)(i) of the Tamil Nadu Electricity Supply Code."

4. Accordingly this Writ Petition is allowed. No costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar

KST To 1.The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd (TANGEDCO), 10th Floor, No.144, Anna Salai, Chennai- 600 002. 2.The Account Officer/ Revenue, The Superintending Engineer Office, (TANGEDCO) Chennai Electricity Distribution Circle/ North, No.144, Anna Salai, Chennai- 600 002. 3.The Director of Industrial Safety and Health, No.47/1, Block 6, Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai- 32.

4,The Joint Director of Industrial Safety and Health-I, No.47/1 Block 6 , Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai- 32.

5.The Deputy Director -II, No.47/1 Block 6 Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai- 32.

+1cc to Mr.R.S.Pandiyaraj, Advocate Sr No.40107 +1cc to Mr.L.Jai Venkatesh, Advocate Sr No.40477 W.P.No.16885 of 2021 GPL (CO) PR (02/09/2021)