The Lakshmi Mills Co Ltd v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04-02-2022
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WP No.31255of 2014 And MP No.2 of 2014 The Lakshmi Mills Company Ltd., 686, Avanashi Road, Pappanaickenpalayam, Coimbatore - 641 037 Represented by its Chairman and Managing Director.
..Petitioner vs.
1.The Chairman Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
2.The Superintending Engineer, Tuticorin Electricity Distribution Circle, TANGEDCO, Tuticorin - 2.
3.Tamil Nadu Electricity Regulatory Commission Represented by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai - 600 008.
..
Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the second respondent contained in his notice bearing reference Lr.No.2/SE/TEDC/DFC/AO/Rev./A.1/F.BOAB/14 dated 13.11.2014 and quash the same as illegal, arbitrary, without the authority of
law and consequently direct the first and second respondents to strictly comply with the directions contained in the order of the third respondent in its orders in M.P.Nos.17 to 26 of 2013, etc., dated 15.09.2014 thereby giving refund/adjustment in accordance with such directions.
For Petitioner : Mr.Rahul Balaji For Respondents-1&2 : Mr.L.Jai Venkatesh, Standing Counsel for TANGEDCO.
For Respondent-3 : No Appearance
O R D E R
The writ petition has been filed challenging the correctness of the impugned order bearing reference Lr.No.2/ SE/ TEDC/ DFC/ AO/ Rev./A.1/F.BOAB/14 dated 13.11.2014 issued by the Superintending Engineer, Tuticorin, the second respondent herein.
2. The learned counsel appearing for the petitioner would submit that when the similar issue was questioned by the Tamil Nadu Spinning Mills Association against the Tamil Nadu Electricity Regulatory Commission and others in I.A. No.736 of 2019 in D.F.R. No.1584 of 2019, the Appellate Tribunal for Electricity by order dated 24.07.2019 has passed an interim order to the effect that no coercive steps shall be taken against the appellant till the next date of hearing.
3. In view of the fact that an interim order dated 24.07.2019 has been passed by the Appellate Tribunal for Electricity in favour of the Tamil Nadu Spinning Mills Association in the similar issue as that of the petitioner, the writ petition is disposed of. No coercive steps will be taken against the petitioner till the orders are passed by the respondents. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar Svn
To 1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
2.The Superintending Engineer, Tuticorin Electricity Distribution Circle, TANGEDCO, Tuticorin - 2.
3.The Secretary, Tamil Nadu Electricity Regulatory Commission 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai - 600 008.
WP 31255 of 2014 RR(CO) A.SK(25.02.2022)