Madras High CourtWP(MD)/11645/2018disposed of

M/S.Thiagarajar Mills Pvt v. The Superintending Engineer,

2018-05-31Honourable Mr Justice M.V. Muralidaran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.05.2018 CORAM :

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.(MD).No.11645 of 2018 and W.M.P.(MD).No.10598 of 2018 M/s.Thiagarajar Mills Pvt Limited, Rep through its Manager (Administration), Thiru.G.Sabapathi ... Petitioner Vs.

1. The Superintending Engineer, The Tamil Nadu Generation and Distribution Corporation Ltd, Madurai Electricity Distribution Circle, Madurai-7.

2. The Tamil Nadu Generation and Distribution Corporation Ltd, Rep. Through its Chairman, Anna Salai, Chennai-2.

3. The Chief Engineer/ PPP, 6th Floor Easter Wing,

4. The Chief Engineer, Grid Operation, TANTRANSCO, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned demand notice issued by first respondent in Lr.No.SE/MEDC/MDUI/ DFC/AS/HT/F.HTSC N:10/D.No.107/2018, dated 16.05.2018 and quash the same.

For Petitioner : Mr.J.Anandakumar for Mr.AL.Kannan For R-1 & R-2 : Ms.Rajeswari for Mr.SMS.Johnny Basha Standing Counsel

ORDER

Ms.Rajeswari, learned takes notice for the respondents 1 & 2.

2. By consent, the writ petition itself is taken up for final hearing.

3. Though the petitioner has sought for a larger relief of quashing the impugned demand notice issued by first respondent in Lr.No.SE/MEDC/MDUI/ DFC/AS/HT/F.HTSC N:10/D.No.107/2018, dated 16.05.2018, the learned counsel for the petitioner submitted that the petitioner would be satisfied if their reply, dated 20.05.2018, is considered on merits and in accordance with law.

4. Considering the limited scope of the prayer now sought, without expressing any opinion on the claim made by the petitioner, I direct the third respondent to consider the reply of the petitioner, dated 20.05.2018 and pass orders on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. Till such time, the respondents are directed not to take any coercive action.

5. The Writ Petition is disposed of accordingly. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The Superintending Engineer, The Tamil Nadu Generation and Distribution Corporation Ltd, Madurai Electricity Distribution Circle, Madurai-7.

2. The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd, Anna Salai, Chennai-2.

3. The Chief Engineer/ PPP, 6th Floor Easter Wing,

4. The Chief Engineer, Grid Operation, TANTRANSCO, + 1 CC TO Mr.AL.KANNAN, ADVOCATE IN SR No. 66624 + 1 CC TO Mr.S.M.S.JOHNNY BASHA, ADVOCATE IN SR No. 66464 RMK TE/SKN-RSK/SAR-3 : 07/06/2018 : 3P/7C W.P.(MD).No.11645 of 2018 and W.M.P.(MD).No.10598 of 2018 31.05.2018