M/S Sri Parameswari Spinning v. Tnerc Repd. By Its Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)Nos.1 and 1 of 2012 M/s.Sri Parameswari Spinning Mills Private Ltd., Unit II, HTSC N.327, Represented by its General Manager G.Ravi.
... petitioner (In W.P(MD)No.8179 of 2012) M/s.Sri Parameswari Spinning Mills Private Ltd., Unit I, HTSC N.249, Represented by its General Manager G.Ravi.
... petitioner (In W.P(MD)No.8180 of 2012) Vs.
1.Tamil Nadu Electricity Regulatory Commission Represented by its Secretary, 19-A, Rukmini Lakshmipathy Salai, Egmore, Chennai-600 008.
2.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 1/6
3.The Chief Engineer, NCES, 4.The Superintending Engineer, Virudhunagar Electricity Distribution Circle, TANGEDCO, Virudhunagar.
Respondents (In both cases) PRAYER IN W.P(MD)No.8179 of 2012 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the fourth respondent in his Bill No. 327 dated 30.05.2012 in so far as it relates to levy of penalty in the form of excess quota demand charges of Rs. 1,37,314/- in Serial No.13(f) and quash the same as illegal, arbitrary, without the authority of law, forbear the fourth respondent from taking entire peak hours of the day instead of hours of energy supplied to the petitioner for the purpose of equivalent demand calculation till the power cut, load shedding are in force and consequently direct the fourth respondent to give refund/adjustment of the amount already collected from the petitioner PRAYER IN W.P(MD)No.
8180 of 2012: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the fourth respondent in his Bill No. 249 dated 30.05.
levy of penalty in the form of excess quota demand charges of Rs.3,00,634.80/- in Serial No.13(f) and quash the same as illegal, arbitrary, without the authority of law, forbear the fourth respondent from taking entire peak hours of the day instead of hours of energy supplied to the petitioner for the purpose of equivalent demand calculation till the power cut, load shedding are in force and consequently direct the fourth respondent to give refund/adjustment of the amount already collected from the petitioner. For Petitioner : Mr.N.Sudalai Muthu for Mr.S.Karunakar (In both cases) For Respondents : Mr.S.Deena Dhayalan Standing Counsel (In both cases)
ORDER
The present writ petitions have been filed challenging the C.C bills incorporating the excess demand energy charges under Serial No.13.
2. A similar issue was questioned by Tamil Nadu Spinning Mills Association against the Tamil Nadu Electricity Regulatory Commission and others in I.A.No.736 of 2019 in D.F.R.No.1584 of 2019, the Appellate Tribunal for Electricity by an order, dated 24.07.2019 has 3/6
passed an interim order to the effect that no coercive steps shall be taken against the petitioner Wind Mills till the next date of hearing.
3. In view of the fact that the interim order, dated, 24.07.2019 has been passed by the Appellate Tribunal for Electricity in favour of the Tamil Nadu Spinning Mills Association in the similar matters as that of the petitioner, this writ petitions are disposed of with an observation that no coercive steps shall be taken against the petitioner till the orders are passed by the Appellate Tribunal for Electricity(APTEL). No costs. Consequently, connected Miscellaneous Petitions are closed. 30.06.2022 gbg Index :
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To 1.The Secretary, Tamil Nadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai, Egmore, Chennai-600 008.
2.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 3.The Chief Engineer, NCES, 4.The Superintending Engineer, Virudhunagar Electricity Distribution Circle, TANGEDCO, Virudhunagar.
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R.
VIJAYAKUMAR ,J.
gbg Order made in Dated:
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