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Madras High CourtWP/18133/2020allowed

M/S.V.K.Textile Processors v. Tamilnadu Generaiton And Distribution

2020-12-12Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.12.2020

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH WP.No.18133 of 2020 & WMP.No.22528 of 2020 M.s.V.K.Textile Processors, (partnership firm) represented by its Partner, K.Vignesh Prabhu, No.250/3, Kongupalayam Road, Gangapuram Village, Chittode 638 102, Erode District.

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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 Chief Financial Controller (Revenue), TANGEDCO, No.144, Anna Salai, Chennai 600 002.

3.The Superintending Engineer TANGEDCO, Erode Electricity Distribution Circle, No.948, E.V.N.Road, Erode-638 009.

4. The Accounts Officer/Revenue, TANGEDCO, Erode Electricity Distribution Circle, No.948,E.V.N. Road, Erode 638 009.

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Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records comprised in Lr.No.SE/EEDC/HT/AO/REV/AAO/HT/ASS/F.HT SC No.049094260420/D.138/2020 dated 14.10.2020 on the file of the

3rd respondent, quash the same and consequently direcitng the respondents to strictly comply with the order dated 04.05.2020 passed in suo motu proceedings no.2 of 2020 by the 4th respondent and Regulation 6(b) of the Tamil Nadu Electricity Supply Code, 2004 in respect of Demand Charges and to further refrain from levying , demanding and collecting any Compensation Charges, etc., for low PF or for not maintaining the stipulated Power Factor (PF) limit during the lock-down and restricted working period imposed by the Governments and also to collect the arrears in monthly equal installments.

For Petitioner :

Mr.R.Karthikeyan For Respondents:

Mr.Vijay Mehanath Standing counsel

ORDER

The issue that has been raised in the 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 petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar msr To 1.The Chairman and Managing Director Tamil Nadu Generation & Distribution Corporation Limited [TANGEDCO] 144, Anna Salai, Chennai 600 002.

2.The Chief Financial Controller (Revenue), TANGEDCO, No.144, Anna Salai, Chennai 600 002.

3.The Superintending Engineer TANGEDCO, Erode Electricity Distribution Circle, No.948, E.V.N.Road, Erode-638 009.

4. The Accounts Officer/Revenue, TANGEDCO, Erode Electricity Distribution Circle, No.948,E.V.N. Road, Erode 638 009.

+1cc to Mr.R.Karthikeyan, Advocate SR.40810 WP.No.18133 of 2020 & WMP.No.22528 of 2020 NMI(CO) CB(21/01/2021)