Madras High CourtWP/15796/2020allowed

M/S.M.A.K.Hotels v. The Chairman Cum Managing Director

2020-11-10Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.11.2020

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH WP.No.15796 of 2020 and WMP No.19636 of 2020 M/s.M.A.K.Hotels and Resorts Private Limited rep. by its Executive Director G.Sabanaygam No.1, GST Road, Sai Srivari Nagar, SP Koil, Marimalai Nagar, Chennai-603 209 Chengalpet Taluk & District.

.. Petitioner Vs 1 The Chairman Cum Managing Director, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), No.144, Anna Salai, Chennai-600 002.

2 The Chief Financial Controller-Revenue Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), NPKRR Maligai, No. 144, Anna Salai, Chennai-600 002.

3 Tamil Nadu Electricity Regulatory Commission, No.19- A, Rukmani Lakshmipathy Road, Egmore, Chennai-8.

4 The Government of Tamil Nadu, Rep by its Secretary to Government Energy Department, Fort.St.George, Chennai-9.

5 The Accounts officer/ Revenue TANGEDCO Chengalpattu Electricity Distribution Circle, Chengalpattu.

6 The Superintending Engineer, TANGEDCO, Chengalpattu.

Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus to call for the records of the 5th Respondent leading to the issuance of orginal impugned High Tension Bills (Provisional) issued by the 5th Respondent vide

Bill No.9094111085042001, dated 09.04.2020 ; Bill No. 909411108505201, dated 08.05.2020 ; Bill No. 9094111085062001, dated 10.06.2020 ; Bill No. 9094111085072001, dated 07.07.2020 ; Bill No.9094111085082001, dated 10.08.2020 and Bill No. 9094111085092001, dated 8.9.2020 pertaining to Service No. 099094111085 in violation of Regulation of 6 (b) of the Tamil Nadu Electricity Supply Code, 2004 and quash the same and consequently direct the respondents herein to issue fresh bills for the period of lock down till such time the international flights operations are regularised in terms of Regulation 6(b) of the TN Electricity Supply Code and also to either refund the excess amount paid on 15.04.2020, 12.05.2020, 11.06.2020, 09.07.2020, 12.08.2020 and 14.09.2020 by the petitioner along with the additional security deposit of a sum of Rs.

5,54,190/- paid in two instalments on 24.08.2020 and 18.09.2020 to the petitioner or in the alternative to adjust the excess sums paid by the petitioner with its future bills and further forbear the 6th respondent herein from levying and collecting the third instalment amount of Rs.2,77,094/- towards the 3rd instalment of additional security deposit payable on 21.10.2020.

For Petitioner :

Mr.Cherian Mathews For Respondents :

Mr.P.Gunaraj Standing Counsel

ORDER

Mr.P.Gunaraj, learned Standing Counsel takes notice for the respondents.

2. The issue that has been raised in this present writ petition is covered by the orders passed by this Court in a 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 issued by this Court in the batch of writ petitions be equally applied to the present writ petition also.

3.Accordingly, this writ petitions is allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar lpp

To 1 The Chairman Cum Managing Director, Tamil Nadu Generation and Distribution, Tamil Nadu Generation and Distribution Corporation Ltd (TANGEDCO), No.144, Anna Salai, Chennai-2.

2 The Chief Financial Controler Revenue Tamil Nadu Generation and Distribution Corporation Ltd Tangedco NPKRR Maligai, No. 144, Anna Salai, Chennai-2.

3 Tamil Nadu Electricity Regulatory Commission, No.19- A, Rukmani Lakshmipathy Road, Egmore, Chennai-8.

4 The Govt of Tamil Nadu, Rep by its Secretary to Government Energy Department, Fort.St.George, Chennai-9.

5 The Accounts officer/ Revenue TANGEDCO Chengalpattu Electricity Distribution Circle, Chengalpattu.

6 The Superintending Engineer, TANGEDCO, Chengalpattu.

+1cc to Mr.P.Gunaraj, Advocate SR.No.36464 +1cc to Mr.S.Giritharan, Advocate SR.No.36536 WP.No.15796 of 2020 and WMP No.19636 of 2020 AD(CO) GMY(23/11/2020)