Madras High CourtWP/3482/2015disposed of

Ultratech Cement Ltd, v. Tamil Nadu Generation And

2015-02-12Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2015

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.3482 of 2015 Ultra Tech Cement Ltd., Represented by its Vice President, Arakonam Cement works, Chitteri Arakonam - 631 003.

.. Petitioner v.

1.Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO),\ Represented by its Director Finance, 144, Anna Salai, Chennai - 600 002.

2.The Superintending Engineer, TANGEDCO SE/DFC/VEDC, Vellore - 632 006 .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus, directing the respondent to dispose the representations dated 4.4.2013 and 10.7.2013 to the first and second respondents.

For Petitioner : Mr.N.L.Rajah For Respondent : Mr.N.Varun Kumar Standing Counsel - TNEB

ORDER

The above writ petition has been filed by the petitioner company to issue a Writ of Mandamus, to direct the respondents to dispose of the representations dated 4.4.2013 and 10.7.2013 sent to the respondents 1 and 2.

2. The petitioner has given a representation dated 4.4.2013 to calculate the normal hours penalty as per CMRI down loading date (Date/Hrs-wise) for billing. However, according to the petitioner, the respondents have not considered the said representation. https://hcservices.ecourts.gov.in/hcservices/

Thereafter, the petitioner gave a reminder on 10.7.2013 for which also the respondents have not passed any order. The learned counsel for the petitioner submitted that the respondents may be directed to dispose of the representations within a stipulated time.

3. Mr.N.Varun Kumar, learned Standing Counsel takes notice for the respondents and submitted that the the petitioner may be directed to submit fresh representation to the first respondent and on receipt of the same, the first respondent may be directed to consider the same, within a stipulated time.

4. Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the petitioner to submit a fresh representation to the first respondent within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the first respondent is directed to consider the same within a period of two weeks thereafter, after affording an opportunity of hearing to the petitioner.

With this observation, the writ petition is disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Rj To 1.Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO),\ Represented by its Director Finance, 144, Anna Salai, Chennai - 600 002.

2.The Superintending Engineer, TANGEDCO SE/DFC/VEDC, Vellore - 632 006.

1 cc to Mr..M.Varun Kumar ,Advocate, SR.No.7838 W.P.No.3482 of 2015 gp(co) pmk.16.2.2015 https://hcservices.ecourts.gov.in/hcservices/