Madras High CourtWP/15926/2020allowed

M/S.Aascar Entertainment Pvt. Ltd., v. Tamilnadu Generation And

2020-11-09Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.11.2020

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.No.15926 of 2020 & W.M.P.Nos. 19798 and 19800 of 2020 M/s. AASCAR Entertainment Pvt. Ltd represented by its Managing Director Mr.V.Ravichandran No.9, 10th Avenue,Ashok Nagar Chennai-600 083 .. Petitioner

Versus

1. Tamil Nadu Generation & Distribution Corporation Limited [TANGEDCO] represented by its Chairman and Managing Director, 144, Anna Salai, Chennai 600 002.

2. The Accounts Officer/Revenue Salem EDC, K.N.Colony Udaypatti, Salem-636014

3. The Superintending Engineer Salem EDC. K.N.Colony Udayapatti, Salem-636 014 .. Respondents Prayer:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarifed mandamus calling for the records leading to the issuance of the original impugned High Tension Bills (Provisional) issued by the 2nd respondent for the month of April 2020 (Bill No.9094240345052001 dated 07.05.2020), May 2020 (Bill No.909424034506200 dated 04.06.2020) June 2020 (Bill No.9094240345072001 dated 02.07.2020) July 2020 (Bill No.9094240345082002 dated 02.08.2020) August 2020 (Bill No.9094240345092002 dated 02.09.2020) and for the month of September 2020 (Bill No.9094240345102001 dated 02.10. 2020) pertaining to Service No.049094240345 in violation Regulation 6

(b) of the Tamil Nadu Electricity Supply Code, 2004 and quash the same and direct the respondents to raise the monthly bill calculating the minimum charges at the rate of 20% of the contracted demand or recorded demand whichever is higher as per Regulation 6(b) of the Tamil Nadu Electricity Supply Code, 2004 till the extended period of lock down, by the Government of Tamil Nadu and not to levy power factor penalty till the lockdown is lifter and operations of cinema theatre commences in so far the petitioner is concerned.

For Petitioner : Mr.S.Prem Auxilian Raj For Respondents: Mr.Damodaran Standing counsel

ORDER

The issue that has been raised in these 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.

2.Accordingly, this writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kpr To 1.Tamil Nadu Generation & Distribution Corporation Limited [TANGEDCO] represented by its Chairman and Managing Director, 144, Anna Salai, Chennai 600 002.

2.The Accounts Officer/Revenue Salem EDC, K.N.Colony Udaypatti, Salem-636014

3.The Superintending Engineer Salem EDC. K.N.Colony Udayapatti, Salem-636 014 +1 cc to M/s.N.Damodaran, Advocate Sr.No. 36466 W.P.No.15926 of 2020 & W.M.P.Nos. 19798 and 19800 of 2020 NRL(CO) RMP(09/12/2020)