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Madras High CourtWP/17354/2020allowed

Appu Hotels Limited v. Tamil Nadu Generation And Distribution Corporation Limited (Tangedco)

2020-11-30Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2020

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH WP.No.17354 of 2020 and W.M.P.Nos.21493 & 21497 of 2020 APPU HOTELS LIMITED Represented by its Authorised Signatory, B.Naagarajan having office at No.1, GST Road, St.Thomas Mount, Chennai - 600 016.

...Petitioner

Vs 1.Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) Represented by its Chairman and Managing Director, No.144, Anna Salai, Chennai - 600 002.

2.The Superintendent Engineer (A/C), 110, K.V.S.S.Complex, K.K.Nagar, Chennai 600 078. 3.The Deputy Financial Controller, 110, K.V.S.S.Complex, K.K.Nagar, Chennai 600 078.

...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 leading to the issuance of the original impugned High Tension Bills (Provisional) issued by the third respondent for the months of March 2020 dated 08.04.2020, April 2020 dated 09.05.2020, May 2020 dated 09.06.2020, June 2020 dated 08.07.2020, July 2020 dated 07.08.2020, August 2020 dated 04.09.2020 and September

2020 dated 12.10.2020, pertaining to Service No.099094000425 in violation Regulation 6(b) of the Tamil Nadu Electricity Supply Code, 2004 and quash the same and direct the respondents to rework the HT bill with service number 099094000425 and the excess amount shall be adjusted towards the future bills and the minimum charges alone shall be collected by the third respondent for the period from March 2020 to August 2020 and not to levy any penalty for the period of Lock Down.

For Petitioner :

Mr.Vijayan Subramanian For Respondents :

Mr.N.Damodaran Standing Counsel

ORDER

The issue that has been raised in this 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, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar lpp To 1.Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) Represented by its Chairman and Managing Director, No.144, Anna Salai, Chennai - 600 002.

2.The Superintendent Engineer (A/C), 110, K.V.S.S.Complex, K.K.Nagar, Chennai 600 078.

3.The Deputy Financial Controller, 110, K.V.S.S.Complex, K.K.Nagar, Chennai 600 078.

WP.No.17354 of 2020 and W.M.P.Nos.21493 & 21497 of 2020 LN(CO) KKV/07/12/2020