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Madras High CourtWP/18498/2021allowed

Omr Mail Developers Private Limted v. The Tamil Nadu Generation And

2021-09-06Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.18498 & 18502 of 2021 & WMP Nos.19729 and 19734 of 2021 OMR Mall Developers Private Limited HTSC No.099094011070 S.F.No.13/1-a Egattur Village, Old Mahabalipuram Road Thiruporur, Kancheepuram 603 103 Rep.by its Managing Director A.Aslam Packeer Mohammed ...Petitioner in W.P.No.18498/2021 Sree Vanni Vinayaka Textiles Mills Private Limited HTS No.079094720103 Ayyaneri Post, Kovilpatti 628 502 Thiruvengadam, Tirunelveli District Rep.by its Managing Director A.Ganapathy Subbiah

...Petitioner in W.P.No.18502/2021

-Vs1.TamilNadu Generation and Distribution Corporation Limited (TANGEDCO) Rep.by its Chairman and Managing Director 10th Floor, NPKRR Maaligai 144 Anna Salai, Chennai-600 002 2.The Chief Financial Controller-Revenue TANGEDCO, 7th Floor, Anna Salai Chennai - 600 002.

...1st and 2nd Respondents in W.P.Nos.18498/2021 and 18502/2021 3.The Superintending Engineer, TANGEDCO Chennai (South) Electricity Distribution Circle Chennai.

...3rd Respondent in W.P.No.18498/2021

The Superintending Engineer, TANGEDCO Tirunelveli Electricity Distribution Circle Tirunelveli.

3rd Respondent in W.P.No.18502/2021 Prayer in W.P.No.18498/2021 : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the Respondents to extend the benefit of the order of this Hon'ble Court dated 14.08.2020 in WP No. 7678 of 2020 in a similar batch matter and to apply the order of this Hon'ble Court as per Article 14 of the Constitution of India to the petitioner also and consequently direct the 3rd Respondents to cause to issue the fresh CC bills for the months of April / 2021 to June / 2021 falling in the 2nd wave of Covid 19 lockdown periods and also to further direct the Respondent to refund the excessively collected demand charges from the petitioner. Prayer in W.P.No.

18502/2021 : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the Respondents to extend the benefit of the order of this Honble Court dated 14.08.2020 in WP No. 7678 of 2020 in a similar batch matter and to apply the order of this Honble Court as per Article 14 of the Constitution of India to the petitioner also and consequently direct the 3rd Respondents to cause to issue the fresh CC bills for the months of April / 2020 and May / 2020 falling in the Covid 19 lockdown periods and also to further direct the Respondents to refund the excessively collected demand charges from the petitioners.

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 petitions is covered by the orders passed by this Court in the batch of Writ Petitions in WP. Nos.7678, 7679, 9141, 9312, 9537, 9538, 9550, 10012, 10042, 10044, 10031, 9825, 9831, 10087, 10091, 10110, 10164, 8852 and 9689 of 2020 dated 14.08.2020. Consequently, the directions given by this Court will equally apply to the present writ petitions also.

2. Accordingly these Writ Petitions are allowed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-VIII) // True Copy // Sub Assistant Registrar KST To 1.TamilNadu Generation and Distribution Corporation Limited (TANGEDCO) Rep.by its Chairman and Managing Director, 10th Floor, NPKRR Maaligai, 144, Anna Salai, Chennai-600 002 2.The Chief Financial Controller-Revenue, TANGEDCO, 7th Floor, Anna Salai, Chennai - 600 002.

3.The Superintending Engineer, TANGEDCO, Chennai(South) Electricity Distribution Circle, Chennai.

4.The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.

+2ccs to Mr.R.S.Pandiyaraj, Advocate SR.No.44921 +1cc to Mr.L.Jaivenkatesh, Advocate SR.No.44772 W.P.No.18498 & 18502 of 2021 SMI(CO) RVM(27/09/2021)