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Madras High CourtWP/18458/2021allowed

M/S.Cholan Paper And Board Private Limited v. Tamil Nadu Generation And Distirbution

2021-09-03Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2021

CORAM:

THE HONOURABLE Mr. JUSTICE N.ANAND VENKATESH W.P. No. 18458 of 2021 and W.M.P.No. 19691 of 2021 Cholan Paper and Board Private Limited HT Service No:099094110124, Represented by its Director, Mr. Jai Vardhan Rajiv.G Bukkathurai, Madurantagam Taluk, Chengalpattu, Chengalpattu District, Tamil Nadu - 603 308.

.. Petitioner Vs.

1. Tamil Nadu Generation and Distribution Corporation Limited(TANGEDCO), Represented by its Chairman and Managing Director, 144, Anna Salai, Chennai - 600 002.

2. The Chief Financial Controller/Revenue, Tamil Nadu Genreation and Distribution Corporation Limited (TANGEDCO), 144, Anna Salai, Chennai - 600 002.

3. The Superintending Engineer, Office of the Superintending Engineer, Chengalpattu Electricity Distribution Circle/, TANGEDCO, No:A-49, GST Road, Alagesan Nagar, Chengalpattu - 605 001.

4. The Accounts Officer/Revenue, Office to the Superintending Engineer, Chengalpattu Electricity Distribution Circle,/ TANGEDCO, No:A-49, GST Road Alagesan Nagar, Chengalpattu - 603 001.

5. Tamil Nadu Electricity Regulatory Commission (TNERC), Represented by its Secretary, TIDCO Office Building, No-19-A, Rukmani Lakshmipathy Salai, Marshalls Road, Egmore, Chennai - 600 008.

... Respondents

Prayer: Writ petition is filed under Article 226 of the Constitution of India, for issuance of a writ of Certiorarified Mandamus, or writ or direction in the nature of a Writ calling for the impugned records of the 4th Respondent culminating in the impugned High Tension Bills (Provisional) bearing Bills (Provisional) Bill No. 9094110124042002 dated 07.04.2020 for the month of March 2020 and Bill No.

9094110124052001 dated 07/05/2020 for the month of April 2020, issued to the petitioner in violation of Regulation 6 (b) of the Tamil Nadu Electricity Supply Code, 2004, Quash the same and consequently direct the respondents 1to 4 to revise and re-issue the said impugned Bills by levying Demand Charges at the rate of 20% of the contracted demand or recorded demand, whichever is higher, in accordance with the said Regulation 6 (b) of the Tamil Nadu Electricity Supply Code, 2004, for the lockdown and restricted working periods imposed by the Government, and to duly a adjust towards the petitioner's future Bills the huge amounts collected from the Petitioner during the said periods towards Demand Charges. For Petitioner : M/s.P.T. Ramadevi For Respondents : M/s. L.

O R D E R

The issue that has been raised in the present writ petition 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 petition also.

2. Accordingly this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar RAP/RR

To

1. The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Limited(TANGEDCO), 144, Anna Salai, Chennai - 600 002.

2. The Chief Financial Controller/Revenue, Tamil Nadu Genreation and Distribution Corporation Limited (TANGEDCO), 144, Anna Salai, Chennai - 600 002.

3. The Superintending Engineer, Office of the Superintending Engineer, Chengalpattu Electricity Distribution Circle/, TANGEDCO, No:A-49, GST Road, Alagesan Nagar, Chengalpattu - 605 001.

4. The Accounts Officer/Revenue, Office to the Superintending Engineer, Chengalpattu Electricity Distribution Circle,/ TANGEDCO, No:A-49, GST Road Alagesan Nagar, Chengalpattu - 603 001.

5. The Secretary, Tamil Nadu Electricity Regulatory Commission (TNERC), TIDCO Office Building, No-19-A, Rukmani Lakshmipathy Salai, Marshalls Road, Egmore, Chennai - 600 008.

+1cc to M/s.P.T. Ramadevi, Advocate, S.R.No.44359 +1cc to M/s. L. Jaivenkatesh, Advocate, S.R.No.44796 W.P.No. 18458 of 2021 and W.M.P.No. 19691 of 2021 KG(CO) CT(22/09/2021)