Saravana Global Energy Ltd., v. Tamilnadu Generation And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.02.2023 CORAM :
The HONOURABLE DR.JUSTICE ANITA SUMANTH and W.M.P.No.27280 of 2017 Saravana Global Energy Limited Rep. by its Manager Marketing, Mr.C.Madhavan No.15 New Giri Road, T.Nagar, Chennai 600 017 Also at Virudhachalam Road P.N.Kuppam, Kurinjipadi Post, Cuddalore- 607 302 .. Petitioner vs 1.Tamilnadu Generation and Distribution Corporation Ltd. (TANGEDCO) Rep. by its Chairman & Managing Director, 144, Anna Salai, Chennai 600 002.
2.The Superintending Engineer, TANGEDCO, Cuddalore Electricity Distribution Circle, Cuddalore. 3.The Accountants Officer/ Revenue TANGEDCO, Cuddalore Electricity Distribution Circle, Cuddalore.
.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari to call for the records pertaining to the demand notice Lr.No. SE/CEDC/CUD/DFC/AO/RCS/AS/A4/ 1/5
F.Audit/D.497-3/2016 dated 13.4.2016 issued by the 2nd respondent along with the BOAB Audit Slip No.3 dated 6.2.2016 and consequent demands of the said Transmission and Distribution charges of Rs.13,01,941/- (Rupees Thirteen Lakh one thousand nine hundred and forty one only) through the High Tension Bill (Provisional) NO.118 dated 31.8.2017 issued by the 3rd respondent and quash the same.
For Petitioner :
Mr.E.Sathish Kumar For Respondents :
Mr.Venkataseshaiya Standing Counsel
ORDER
Mr.E.Sathish Kumar, learned counsel on record makes an endorsement withdrawing this writ petition and rightly so. 2.
The main ground on which impugned order dated 13.04.2016 is challenged is that a demand for the same period which is August, 2012 and January, 2014 has already been raised on NIL, October, 2013 and the petitioner has settled the demand of Rs.14,52,736/- in six instalments. Thus according to the petitioner, no further demand can be made for the same period. 3.
Per contra, it is the stand of the respondents that the demand made under the impugned order is over and above that raised in October, 2013. This is a question of fact and it is thus appropriate that the petitioner file an appeal in terms of Section 86 of the Electricity Act, 2003 before the Tamil Nadu Electricity 2/5
Regulatory Commission.
4.
Thus, while dismissing the writ petition as withdrawn, the petitioner is granted liberty to file appeal as aforesaid within a period of three weeks from the date of receipt of this order. If the appeal is instituted as aforesaid it shall be taken on file without referring to limitation subject to all other statutory compliances, heard and disposed within a period of six weeks from the date of institution of the appeal.
5.
The benefit of interim order of stay of collection on the impugned demand upon condition that deposit of 50% of the demand that order has been complied with. Thus, the interim protection shall extended till disposal of the appeal as aforesaid and the 50% remitted to the credit of the writ petition shall be either adjusted / refunded subject to the order to be passed by the appellate authority. No costs. Connected miscellaneous petition is closed.
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To 1.The Chairman & Managing Director, Tamilnadu Generation and Distribution Corporation Ltd. (TANGEDCO)144, Anna Salai, Chennai 600 002.
2.The Superintending Engineer, TANGEDCO, Cuddalore Electricity Distribution Circle, Cuddalore. 3.The Accountants Officer/ Revenue TANGEDCO, Cuddalore Electricity Distribution Circle, Cuddalore.
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DR. ANITA SUMANTH,J.
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