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Madras High CourtWP/17877/2021allowed

M/S.Sivaraj Holiday Inn Private Limited v. Tamil Nadu Generation And Distribution Corporation

2021-08-27Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.08.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition Nos.17877 and 17880 of 2021 & WMP Nos.19082, 19083, 19086 and 19088 of 2021 M/s.Sivaraj Holiday Inn Private Limited Rep.by its Managing Director, Mr.S.Sanjai Having Office at No.603, Junction Main Road Opp.Sona College, Salem - 636 005. ...Petitioner in both W.Ps. -Vs1 Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) Rep by its Chairman and Managing Director No.144 Anna Salai Chennai- 600 002.

2 The Accounts Officer/ Revenue (E and OE) (E and OE) Tamil Nadu Generation and Distribution corporation Limited (TANGEDCO) Palapatti Salem.

...Respondents in both WPs

Prayer in W.P.No.17877/2020: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records leading to the issuance of the original impugned high Tension Bills (provisional) issued by the second Respondent for the months of March 2020 dated 07/04/2020 April 2020 dated 07/05/2020 May 2020 dated 06/06/2020 June 2020 dated 07/07/2020 July 2020 dated 07/08/2020 and August 2020 dated 07/09/2020 pertaining to Service No.

049094240300 in violation Regulation 6 (b) of the Tamil Nadu Electricity Supply Code 2004 and quash the same and direct the Respondents to rework the HT Bill with service number 049094240300 and the excess amount shall be adjusted towards the future bills and the minimum charges alone shall be collected by the second respondent fo the period from March 2020 to August 2020 and not to levy any penalty for the period of lock down. Prayer in W.P.No.17880/2020:Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records leading to the issuance of the original impugned high Tension Bills (provisional) issued by the second Respondent for the months of may 2021 dated 07/06/2021 and June 2021 dated 06/07/2021 https://hcservices.ecourts.gov.

pertaining to service No. 049094240300 in violation Regulation 6 (b) of the Tamil Nadu Electricity Supply Code 2004 and quash the same and direct the Respondents to rework the HT Bill with service number 049094240300 and the excess amount shall be adjusted towards the future pending bills and the minimum charges alone shall be collected by the second respondent for the period from May 2021 to June 2021 and not to levy any penalty for the period of lock down.

For Petitioner :

Mr.Vijayan Subramanian(in both WPs) For Respondents:

Mr.M.Abul Kalam, Standing Counsel (in both WPs)

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. s/d- Assistant Registrar True Copy Sub-Assistant Registrar KST To 1 The Chairman and Managing Director Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) No.144 Anna Salai Chennai- 600 002.

2 The Accounts Officer/ Revenue (E and OE) (E and OE) Tamil Nadu Generation and Distribution corporation Limited (TANGEDCO) Palapatti Salem.

W.P.Nos.17877 & 17880 of 2021 GPL(CO) SP(17/09/2021) https://hcservices.ecourts.gov.in/hcservices/