Madras High CourtWP/18608/2020allowed

M/S.Akshera Papers v. The Tamil Nadu Generation And

2020-12-14Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.12.2020

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.Nos.18608, 18612, 18614, 18617, 18621 and 18622 of 2020 & WMP.Nos23080, 23081, 23085, 23089, 23091, 23095 of 2020 M/s. Akshera Papers, HT Sc.No.102, S.F.No.557/5, Pasuvapalayam, Pudupeekadavu Village, Sahtyamangalam, Erode, represented by its authorised Signatory Kapil Thomas ..Petitioner in WP.No.18608/2020 R.B.Mohankumar HT Sc.No.328, SF.No.505/9-C, Kurumbappalayam Road, Keeranatham Village, Coimbatore 641 035. ..Petitioner in WP.No.18612 /2020 M/s.Krishna Mines, HT Sc.No.012, No.23, Sripuram, Tirunelveli 627 001.

represented by its General Manager S.Ravi Shankar ..Petitioner in WP.18614/2020 M/s.Krishna Mines Super White, HT Sc.No.357, B-45, SIPCOT Industrial Growth Centre, Pirancheri, Tirunelveli, represented by its General manager S.Ravi Shankar

...Petitioner in WP.No.18617 of 2020

Sri Abiraami Spintex (P) Ltd., HT Sc.No.081, 24/3, Anna Nagar, Suthamalli, Tirunelveli 627 604, represented by its authorised signatory S.Ragamathulla .. Petitioner in WP.18621 of 2020

M/s.Krishna Minors Super White, HT.SC.No.254, Sankarankoil-Tirunelveli Road, Ramaiyanpatti(via) Thatchanallur, Tirunelveli.

Rep.by its General Manager, S.Ravi Shankar .. Petitioner in WP.18622 of 2020

Versus

1.The Tamil Nadu Generation and Distribution corporation Ltd.

(TANGEDCO), represented by its Chairman and Managing Director, 10th Floor, No.144, Anna Salai, Chennai 600 002. (RR1 & R2 in all) 2.The Chief Financial ControllerRevenue, TANGEDCO, 7th Floor, 144, Anna Salai, Chennai 600 002. (RR1 & 2 in all WPs.) 3.The Superintending Engineer, Gobi Electricity Distribution Circle, GOBI ..3rd Respondent in WP.18608/2020 3.The Superintending Engineer, Coimbatore North Electricity Distribution Circle, Coimbatore ..3rd respondent in W.P.18612/2020 The Superintending Engineer, Tirunelveli Electricity Distribution Circle, Tirunelveli ..3rd respondent in WPs.18614, 18617 & 18621 & 18622 /2020 Prayer in WP.Nos.

18608, 18612, 18614, 18617, 18621 and 18622 / 2020:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents to extend the benefit of the order of this Court dated 14.08.2020 passed in W.P.No.7678 of 2020, in a similar batch matter and to apply the order of this Court as per Article 14 of the Constitution of India, to the petitioner also and consequently direct the 3rd respondents to cause to issue the fresh CC bills for the months of March 2020 September 2020 falling in the lockdown periods and also to further direct the respondents to refund the excessively collected demand charges from the petitioner.

For Petitioner : Mr.R.S.Pandiyaraj For Respondents in

WP.Nos.18608&18621/2020 :Mr. Vijay Mehanath and 18612/2020 Standing counsel For Respondents in :Mr.S.K.Rameshwaran, WP.Nos.18622, 18614 & Standing counsel 18617 of 2020 COMMON ORDER The issue that has been raised in these present writ petitions 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 petitions also.

2.Accordingly, these writ petitions are allowed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-II) //True Copy// msr Sub Assistant Registrar To

1. The Chairman and Managing Director, The Tamil Nadu Generation and Distribution corporation Ltd.

(TANGEDCO), 10th Floor, No.144, Anna Salai, Chennai 600 002.

2.The Chief Financial ControllerRevenue, TANGEDCO, 7th Floor, 144, Anna Salai, Chennai 600 002.

3.The Superintending Engineer, Gobi Electricity Distribution Circle,GOBI

4. The Superintending Engineer, Coimbatore North Electricity Distribution Circle, Coimbatore.

5. The Superintending Engineer, Tirunelveli Electricity Distribution Circle, Tirunelveli +6cc to Mr.R.S.Pandiyaraj, Advocate in SR.NO..41127 W.P.Nos.18608, 18612, 18614, 18617, 18621, 18622 and of 2020 & WMP.Nos23080, 23081, 23085, 23089, 23091, 23095 of 2020 rv(CO) rv(20/01/2021)