Madras High CourtWP(MD)/7791/2020allowed

Gopuram Cinemas v. Tamil Nadu Generation And

2020-08-21Honourable Mr Justice G.R.Swaminathan2 pages

1 W.P.(MD)No.7791 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7791 of 2020 M/s.Gopuram Cinemas Rep. by its Proprietor A.Susmita, Having its office at Door No.35/5A, Ahimshapuram 2nd Street Visalam, 50 Feet Road, Sellur,Madurai.

... Petitioner Vs.

1.Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Represented by its Chairman and Managing Director, No.144, Anna Salai,Chennai-600 002.

2.The Chief Financial Controller / Revenue, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), 144, Anna Salai, Chennai-600 002.

3.The Superintending Engineer, Madurai/Metro/EDC/TANGEDCO, K.Pudur,Madurai-625 007.

... Respondent Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the issuance of the impugned High Tension Bills (Provisional) for the months of March 2020 to June 2020 (vide Bill Nos.909463173042001, dated 04.04.2020, 9094630173052001, dated 03.05.2020, 9094630173062001 dated 03.0-6.2020, 9094630173072003, dated 03.07.2020) issued by the third respondent pertaining to Service Connection No.059094630173 and quash the same insofar as collection of demand charges and direct the respondents to raise the monthly bill calculating the maximum demand charges at the rate of 20% as per Regulation 6(b) of the Tamil Nadu Electricity Supply Code, 2004 from March 2020 to till the extended period of lock down by the Government of Tamil Nadu and consequently, refund the demand charge already paid under protest by the petitioner within the period that may be stipulated by this Court.

For Petitioner :

Mr.Ajmal Khan Senior Counsel for Mr.R.Gandhi For Respondents :

Mr.Aravindpandian Additional Advocate General Asst. by Mrs.S.Srimathy Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 W.P.(MD)No.7791 of 2020

O R D E R

Heard the learned Senior Counsel appearing for the petitioner and the learned Additional Advocate General appearing for the respondents.

2.It is not in dispute that the case on hand is squarely covered by the order dated 14.08.2020 in W.P.No.7678 of 2020 etc., batch passed by the Principal Seat.

3.This Writ Petition is also allowed on the same lines. The petitioner is said to have paid the entire demand charges. Therefore, the payment made by the petitioner will be appropriately adjusted against his future liabilities.

4.The Writ petition is allowed accordingly. No costs. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) rmi Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Chairman and Managing Director,Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Managing Director,No.144, Anna Salai,Chennai-600 002. 2.The Chief Financial Controller / Revenue, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO),144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Madurai/Metro/EDC/TANGEDCO,K.Pudur, Madurai-625 007. +1 CC to M/s.R. GANDHI, Advocate ( SR-14581[F] dated 21/08/2020 ) W.P.(MD)No.7791 of 2020 21.08.2020 AP(31/08/2020) 2 P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2