Raajco Spinners Pvt. Ltd., v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and W.M.P.Nos.30797 to 30799 of 2017 RAAJCO Spinners Pvt Ltd., HTSC No.127, D.Gudalur - 624 620, Vedasandur Taluk, Dindigul District, by its General Manager G.Thirugnana Sambandam
...Petitioner
Vs.
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, Dindigul Electricity Distribution Circle, TANGEDCO, Dindigul.
4.Tamil Nadu Electricity Regulatory Commission, Through its Secretary, No.19A, Rukmini Lakshmipathy Salai, Egmore, Chennai - 600 008.
..Respondents 1/5
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Certiorari, calling for the records of the 2nd respondent contained in impugned letter 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.S.P.Parthasarathy For Respondents : Ms.V.Revathy, for Mr.Abul Kalam Standing Counsel, TNEB
O R D E R
It is not in dispute that the controversy in the Writ Petition is the subject matter of Writ Appeals in W.A.Nos.2539 & 2540 of 2018, which are said to be pending.
2. In the interregnum, pursuant to the interim arrangement arrived at by the Hon'ble Division Bench in its order dated 19.11.2018, W.P(MD)No.9253 to 9255 of 2014 etc., batch has been disposed of on 05.02.2020 with the following directions:- "5.In the interest of uniformity and consistency, the following directions are passed in the matter as well:- (i) The petitioners are directed to pay 50% of the 2/5
deemed demand charges, if not paid so far and continue to pay the same till the disposal of the writ appeal. (ii) The petitioners are also liable to pay the balance deemed demand charges, if the writ appeal filed by the TANGEDCO is allowed.
(iii) Needless to say that the petitioners are also entitled to get similar refund, if any, if the first respondents in the writ appeals succeed, subject to the orders / observations of the Division Bench.
(iv) It is open to the petitioners to take recourse to any suitable action in the manner known to law, in the interregnum."
3.The learned cousel appearing for the parties had not disputed the above factual position. Hence, this Writ Petition is disposed of on the same lines. No costs. Consequently, connected miscellaneous petitions are closed.
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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, Dindigul Electricity Distribution Circle, TANGEDCO, Dindigul.
4.Tamil Nadu Electricity Regulatory Commission, Through its Secretary, No.19A, Rukmini Lakshmipathy Salai, Egmore, Chennai - 600 008.
4/5
R.SUBRAMANIAN, J.
jv and W.M.P.Nos.30797 to 30799 of 2017 13.07.2022 5/5