Indian Oil Corporation Limtied v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 29.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.No.36213 of 2024 and WMP Nos.39096 and 39097 of 2024 Indian Oil Corporation Limited, represented by its Deputy General Manager, Lube projects-Integratd Lube Complex, Amullavoyal, New Manali Town, Chennai 600 013.
... Petitioner Vs.
1. The Chairman, TNEB and Tamil Nadu Power Distribution Corporation Limited (TNPDCO) (formerly TANGEDCO), NPKKR Maaligai, 144, Anna Salai, Chennai 600 002.
2. The Superintending Engineer, TNPDCO, Chennai-EDC/North, 144, Anna Salai, Chennai 600 002.
... Respondents Prayer: Writ petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Certiorarified Mandamus, calling for the records of the second respondent and quash the impugned demand for monthly minimum charges of Rs.6.14 crores issued under the letter No.SE/CEDC/N/EE/GL/AEE/Dev/AE/D2/F.HT.IOCL. Vaikkadu New/
D 1067/24, dated 29.06.2024 as null and void, consequently to set up the power substation at the Integrated Lubes Power Plant, Amullavoyal, New Manali Town, Chennai.
For Petitioner : Mr.M.S.Krishnan, Senior counsel for Mr.A.Muraleedharun For Respondents : Mr. P.Kumaresan, Additional Advocate General, Assisted by Mr.L.Jaivenkatesh, Standing Counsel
ORDER
This writ petition is filed challenging the impugned demand notice, dated 29.06.2024 issued by the second respondent, directing the petitioner to pay a sum of Rs.6,14,39,951/- as the monthly minimum charges for a period from 20.06.2023 to 30.06.2024.
2. Mr.R.Neelakandan, learned Additional Advocate General, assisted by Mr.L.Jaivenkatesh, learned Standing Counsel takes notice for the respondents.
3. The said impugned notice was issued seeking payment of
monthly minimum charges. If the petitioner Company is aggrieved by the above said demand notice, it has got alternative remedy to approach the Consumer Grievance Redressal Forum. Therefore, this court is not inclined to entertain this writ petition.
4. Accordingly, the petitioner is directed to approach the Consumer Grievance Rederessal Forum, within a period of two weeks from the date of receipt of a copy of this order and as a pre-condition, the petitioner shall deposit 50% of the demand amount, within the said two weeks time and produce the receipt along with the petition before the Grievance Cell. On receipt of such deposit amount, the respondents shall give power supply service connection to the petitioner Company, enabling them to start the production work, within a period of two weeks from the date of receipt of deposit amount. Any deposit made by the petitioner is subject to the decision of the Consumer Grievance Redressal Forum. In case, Grievance Redressal Forum decides in favour of the petitioner, it is entitled to claim adjustment of deposited amount with future consumption charges.
5. With the above direction, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
29.11.2024 Index:Yes/No Internet:Yes/No mst To
1. The Chairman, TNEB and Tamil Nadu Power Distribution Corporation Limited (TNPDCO) (formerly TANGEDCO), NPKKR Maaligai, 144, Anna Salai, Chennai 600 002.
2. The Superintending Engineer, TNPDCO, Chennai-EDC/North, 144, Anna Salai, Chennai 600 002.
S.SOUNTHAR, J.
mst 29.11.2024