Saravan Fab India Export Pvt. Ltd., v. The Chairman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2019

CORAM

THE HONOURABLE Mr. JUSTICE M.DHANDAPANI W.P.No.22072 of 2019 W.M.P.Nos.21333 to 21335 of 2019 Saravan Fab India Exports Pvt Ltd HTSC No.434, S.F.No.62/3, 62/4B, Gangapuram Village, Chithode Post, Erode, Repd.,by its Authorized Signatory P.K.Deepak ... Petitioner

Versus

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

2. Chief Financial Controller/Revenue, (TANGEDCO), 144, Anna Salai, Chennai-600 002.

3. The Superintending Engineer, TANGEDCO, Erode Electricity Distribution Circle/South, Erode.

4. Tamil Nadu Electricity Regulatory Commission, Through its Secretary, No.19A, Rukmini Lakshmipathy Salai, Egmore, Chennai-600 008.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records of the 2nd respondent contained in impugned letter No.CFC/FC/DFC/AAO.HT/AS.3/REV/D.N.115/13 dated 29.07.2013 and quash the same as arbitrary, illegal and violative of the provisions of the Electricity Act, 2003 and the orders of the TNERC.

For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.S.K.Rameshwar

O R D E R

Heard the Learned Counsel for the Petitioner and the Learned Counsel for the Respondents.

2. Aggrieved by the withdrawal of deemed demand benefit extended to the petitioner by the respondent and consequent demand of charge, the present writ petition is filed.

3. When a writ petition is filed before this Court, challenging the withdrawal of concession of the deemed demand charges, the learned single Judge of this Court upheld and quashed the impugned order.

4. Aggrieved by that the respondent/TANGEDCO preferred an appeal and the same is pending before the Division Bench of this Court. The Division Bench, while admitting the appeal preferred by the respondent herein has directed to the third parties to pay 50% of demand made pursuant to the impugned notice.

5. It is submitted by the learned counsel for the petitioner as well as the respondent that the said Writ Appeal is pending.

6. In the light of the interim order passed by this Court on line with the interim order passed by the Division Bench, the petitioner has paid 50% of the deemed demand charges on 12.06.2019.

7. Recording the same, this Writ Petition is disposed of. With direction that the petitioner is liable to pay the balance deemed demand charges, if the Writ Appeal filed by the respondent herein is allowed and he shall abide by any order passed by the Division Bench. Till the disposal of the Writ Appeal, the petitioner shall continue to pay 50% of deemed demand charges. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar ssb

To

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

2. Chief Financial Controller/Revenue, (TANGEDCO), 144, Anna Salai, Chennai-600 002.

3. The Superintending Engineer, TANGEDCO, Erode Electricity Distribution Circle/South, Erode.

4. The Secretary, Tamil Nadu Electricity Regulatory Commission, No.19A, Rukmini Lakshmipathy Salai, Egmore, Chennai-600 008.

+1 cc to Mr.R.S.Pandiyaraj, Advocate, S.R.No.64081 W.P.No.22072 of 2019 and W.M.P.Nos.21333 to 21335 of 2019 NMI(CO) SSM(03/09/2019).