Sri Jayajothi And v. The Tamil Nadu Generation And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.18595 of 2020 and 2545 of 2022 Sri Jayajothi and Company P Ltd., Repd. its Authorized Signatory S.Chellappan ... Petitioner Vs.

1.The Tamilnadu Generation and Distribution Corporation Ltd (TANGEDCO) Chennai - 600 002 Represented by its Chairman.

2.Director Finance, Tamil Nadu Generation and Distribution Corporation Limited, Chennai - 600 002.

3.The Superintending Engineer, Virudhunagar Electricity Distribution Circle, TANGEDCO, Virudhunagar.

4.The Superintending Engineer, Chennai Electricity Distribution Circle / North, Chennai - 600 002.

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5.OPG Power Generation P Ltd., Unit-4, OPG Nagar, Periyaobulapuram, Madharpakkam, Gummidipoondi, Thiruvallur District - 601 201.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the records of the third respondent's impugned Notice bearing Lr.No.SE/VREDC/VDR/AO/REV/ AAO/HT/AS.7/F.HT.SC.No.315 Audit Rev/D.No.665/2018 dated 08.10.2018 and consequential notice bearing Lr.No.SE/VREDC/VDR/ DFC/AO/REV/AAO/HT/F/D.No.127/2020 dated 07.10.2020 towards illegal revision of petitioner's CC bills for the months of 06/2016, 07/2016 and 08/2016 which was earlier approved /allotted by the fourth respondent himself in his allotment letters dated 01.07.2018, 29.07.2016 and 31.08.2016 respectively and quash the same as illegal, arbitrary, against principles of natural justice, contrary to the second respondent's own circular memo dated 03.02.2016 and against the provisions of Electricity Act, 2003. For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.S.Madhusudanan for R1 to R4 Mr.Rahul Balaji for R5 2/4

O R D E R

The learned counsel appearing for the petitioner submits that during the pendancy of the writ petition, the respondent withdrawn the demand notice. Therefore, the relief sought for in this writ petition has become infructuous and hence the writ petition may be dismissed as infructuous.

2.In view of the above submission made by the learned counsel appearing for the petitioner, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

16.06.2023 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The Tamilnadu Generation and Distribution Corporation Ltd (TANGEDCO) Chennai - 600 002 Represented by its Chairman.

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M.DHANDAPANI,J.

pri 2.Director Finance, Tamil Nadu Generation and Distribution Corporation Limited, Chennai - 600 002.

3.The Superintending Engineer, Virudhunagar Electricity Distribution Circle, TANGEDCO, Virudhunagar.

4.The Superintending Engineer, Chennai Electricity Distribution Circle / North, Chennai - 600 002.

5.OPG Power Generation P Ltd., Unit-4, OPG Nagar, Periyaobulapuram, Madharpakkam, Gummidipoondi, Thiruvallur District - 601 201.

And W.M.P.Nos.18595 of 2020 and 2545 of 2022 16.06.2023 4/4