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Madras High CourtWP/17397/2020allowed

Forza Casting Private Limited, v. The Tamilnadu Generation And Distribution

2021-02-16Honourable Mr Justice B.Pugalendhi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.21570 of 2020 Forza Casting Private Limited HTSC No.656, SF.No.166/1, 170/3D, 171/7, Pathuvampalli Village, Sulur Taluk, Coimbatore 641659 rep.by its Director, Mr.S.Gowtham ... Petitioner Vs.

1.The Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO) 144, Anna Salai, Chennai 600 002 rep.by its Chairman.

2.The Superintending Engineer, Coimbatore Electricity Distribution Circle South, TANGEDCO, Coimbatore.

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents or anyone claiming through or under them, to strictly comply with Regulation 6(b) of the Tamil nadu Electricity Supply Code, 2004, in respect of demand charges during the periods of lock down and restricted functioning imposed by the Governments and authorities and to further refrain from levying, demanding 1/4

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 to duly refund any such amounts already collected from the petitioner. (PRAYER AMENDED VIDE ORDER DATED 16.02.2021 MADE IN W.M.P.NO.3876/2021).

For Petitioner : Mr.Labrar Mohamed Abdullah For Respondents : Mr.A.Selvendran Special Government Pleader

O R D E R

When the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that the petitioner challenging the impugned demand notice has filed the present Writ Petition, however the petitioner is having efficacious remedy before the Consumer Grievance Redressal Forum and hence this Court may grant liberty to the petitioner to workout his remedy before the Consumer Grievance Redressal Forum.

2. In view of the above, this Court grants liberty to workout his remedy before the Consumer Grievance Redressal Forum and the Registry is also directed to return the original impugned order to the petitioner to enable him to redress his grievance before the said Forum.

3. Accordingly, the Writ Petition is closed. No costs. Consequently 2/4

connected miscellaneous petition is closed.

01.02.2022 sk To 1.The Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO) 144, Anna Salai, Chennai 600 002 rep.by its Chairman.

2.The Superintending Engineer, Coimbatore Electricity Distribution Circle South, TANGEDCO, Coimbatore.

M.DHANDAPANI.,J.

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