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Madras High CourtWP(MD)/11552/2021allowed

M/S.Sri Bavammal Paper Mills P.Ltd., v. The Chairman

2021-07-12Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD).No.11552 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.11552 of 2021 and W.M.P(MD)Nos.9068 and 9069 of 2021 M/s.Sri Bavammal Paper Mills (P) Ltd., Represented by its Director V.Surya, HTSC.No.079094620420, S.F.No.379/2, 1, 377/1A1, 1A2, Sithamanayakkarpatti, Erichanatham Road, M-Pudupatti.

Virudhunagar District.

... Petitioner Vs.

1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.

2.The Chief Financial Controller - Revenue, TANGEDCO, 7th Floor, 144, Anna Salai, Chennai - 600 002.

3.The Superintending Engineer, Virudhunagar Electricity Distribution Circle, TANGEDCO, Virudhunagar.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus, calling for the records leading to the issuance of impugned High Tension Bills [Provisional] issued by the 3rd respondent for the month of April 2020 [Bill 9094620420052001, dated 04.05.2020] pertaining to Service No.079094620420 and quash the same as arbitrary, illegal and in violation Regulation 6[b] of the Tamil Nadu Electricity Supply Code, 2004, and direct the respondents to raise the monthly bill calculating the Maximum Demand Charges at the rate of 20% as per 6 [b] of the Tamil Nadu Electricity Supply Code, 2004 till the extended period of lock down, by the Government of Tamil Nadu and not to levy Power Factor penalty till the lock down is lifted and also further direct the respondents to refund the excessively collected demand charges from the petitioner. For Petitioner : Mr.N.Sudalaimuthu For Respondents : Mrs.Rajeswari for Mr.SMS.Johny Basha Standing Counsel https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.11552 of 2021

ORDER

The issue that has been raised in this present writ petition is covered by the orders passed by this Court in a batch of writ petitions in WP.Nos.7678, 7679, 9141, 9312, 9537, 9538, 9550, 10012, 10042, 10044, 10031, 9825, 9831, 10087, 10091, 10110, 10164, 8852 and 9689 of 2020 dated 14.08.2020. Consequently, the directions issued by this Court in the batch of writ petitions be equally applied to the present writ petition also.

2. Accordingly, this writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (ADII) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 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, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.

2.The Chief Financial Controller - Revenue, TANGEDCO, 7th Floor, 144, Anna Salai, Chennai - 600 002.

3.The Superintending Engineer, Virudhunagar Electricity Distribution Circle, TANGEDCO, Virudhunagar.

W.P.(MD).No.11552 of 2021and W.M.P(MD)Nos.9068 and 9069 of 2021 12.07.2021 PM(CO) KB(20.07.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2