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Madras High CourtWP/15941/2020allowed

M/S.Sarvalakshmi Foundries Pvt Ltd v. The Tamil Nadu Generation And

2020-11-09Honourable Mr Justice N. Anand Venkatesh7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.Nos.15941,15943,15944,15945,15946 and 15947 of 2020 and WMP. Nos.19826,19829,19832,19833,19835 and 19839 of 2020 W.P.No.15941 of 2020:

M/s.Sarvalakshmi Founderies Private Limited, HT Sc.No.402, 8/B, Power House Road, Palani Goundan Pudur.K.

Vadamadurai, Coimabatore 641 017.

N.Prabhu.

1.The Tamil Nadu Generation and Distribution, Rep. By its Chairman & Managing Director, 2.The Chief Financial Controller-Revenue, 7th Floor, 144, Anna Salai, Chennai-600 002.

3.The Superintending Engineer, Coimabtore North Electricity Distribution Circle, Coimbatore.

W.P.No.15943 of 2020:

KMB Trading Corporation Private Limited, HTSc.No.285, SF No.48/1, 48/2B, Sellapillaikuttai Village, Omalur Taluk, Salem - 636 304, Represented by its Authorised Signatory,

Mr.F.Basheeruddin Mohammed Fazluddin Ahamed ... Petitioner

1. The Chairman and Managing Director,

2. The Chief Financial Controller-Revenue, Salem Electricity Distribution Circle, Salem.

W.P.No.15944 of 2020:

M/s.Sri Venkateshwara Boards HTSC No.231 174, Railway Feeder Road, Sattur, V.Venkataraman.

1. The Chairman and Managing Director,

2. The Chief Financial Controller-Revenue, Dindugul Electricity Distribution Circle, Dindugal.

W.P.No.15945 of 2020:

SKT Blue Metals, HTSC No.361, Gobinathapuram, Sakkarai Chettipatti Post, Omalur Taluk, Salem - 636 305.

Represented by its Authorised signatory, Mr.K.Venkatachalam.

1. The Chairman and Managing Director,

2. The Chief Financial Controller-Revenue, Salem Electricity Distribution Circle, Salem.

W.P.No.15946 of 2020:

JKM Ferrotech Limited, HTSc.No.1865, K4, SIPCOT Industrial Complex, Gummidipoondi, Tiruvallur - 601 021.

Mr.P.Sankara Narayanan

1. The Chairman and Managing Director,

2. The Chief Financial Controller-Revenue,

Chennai Electricity Distribution Circle/ North Chennai.

W.P.No.15947 of 2020:

M/s.Sattur Venkateshwara Paper Mills Private Limited, HT Sc.No.074, Palani Road, Madathukulam, Dingugal, V.Venkataraman.

1. The Chairman and Managing Director,

2. The Chief Financial Controller-Revenue, Dindigul Electricity Distribution Circle, Dindigul.

PRAYER in W.P.Nos.15941 of 2020 : Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus, directing respondents to extend the benefit of the order of this Hon'ble Court dated 14.08.2020 passed in W.P.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 March 2020September 2020 falling in the lockdown periods and also to further direct the respondents to refund the excessively collected demand charges from the petitioner. PRAYER in W.P.No.15943 of 2020 : Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus, directing respondents to extend the benefit of the order of this

Hon'ble Court dated 14.08.2020 passed in W.P.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 March 2020September 2020 falling in the lockdown periods and also to further direct the respondents to refund the excessively collected demand charges from the petitioner. PRAYER in W.P.No.15944 of 2020 : Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus, directing respondents to extend the benefit of the order of this Hon'ble Court dated 14.08.2020 passed in W.P.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 March 2020September 2020 falling in the lockdown periods and also to further direct the respondents to refund the excessively collected demand charges from the petitioner. PRAYER in W.P.No.15945 of 2020 : Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus, directing respondents to extend the benefit of the order of this Hon'ble Court dated 14.08.2020 passed in W.P.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 March 2020September 2020 falling in the lockdown periods and also to further direct the respondents to refund the excessively collected demand charges from the petitioner. PRAYER in W.P.No.15946 of 2020 : Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus, directing respondents to extend the benefit of the order of this Hon'ble Court dated 14.08.2020 passed in W.P.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 March 2020September 2020 falling in the lockdown periods and also to further direct the respondents to refund the excessively collected demand charges from the petitioner. PRAYER in W.P.No.15947 of 2020 : Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus, directing respondents to extend the benefit of the order of this Hon'ble Court dated 14.08.2020 passed in W.P.No.

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 March 2020September 2020 falling in the lockdown periods and also to further direct the respondents to refund the excessively collected demand charges from the petitioner. For Petitioners : Mr.R.S.Pandiyaraj (in all W.P.s') For Respondents : Mr.N.Damodharan, (in all W.P.s') Standing Counsel COMMON ORDER The issue that has been raised in the present writ petitions 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 petitions also. 2.Accordingly, theses writ petitions are allowed. No costs. Consequently, connected miscellaneous petition are also closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rli To 1.The Chairman and Managing Director, 2.

Coimabtore North Electricity Distribution Circle, Coimbatore.

4. The Superintending Engineer, Salem Electricity Distribution Circle, Salem.

5. The Superintending Engineer, Dindugul Electricity Distribution Circle, Dindugal.

6. The Superintending Engineer, Chennai Electricity Distribution Circle/North Chennai.

+6ccs to M/s.R.S.Pandiyaraj, Advocate, Sr.No. 36236 +2ccs to M/s.N.Damodaran, Advocate, Sr.No. no.36467 & 36468 W.P.Nos.15941,15943,15944,15945,15946 and 15947 of 2020 and WMP. Nos.19826,19829,19832,19833,19835 and 19839 of 2020 RP(CO) RMP(14/12/2020)