M/S. Shri Govindaraja Mills Private Ltd Plant 10., v. Tamil Nadu Generation And Distribution Corporation Limited(Tangedco)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.12392 of 2025 M/S.Shri Govindaraja Mills Private Ltd Plant 10, represented by its Director S.Baskaran ... Petitioner /vs./ 1.Tamil Nadu Generation and Distribution represented by its Chairman, Chennai.
2.The Chief Financial Controller-Revenue, Tamil Nadu Generation and Distribution Chennai 600 002.
3.The Superintending Engineer, Virdhunagar Electricity Distribution Circle, TANGEDCO Ltd., Virdhunagar.
... Respondents 1/6
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records of the 4th respondent in Lr.No.SE/VREDC/VDR/AEE.GL/AE.1/F.HT DOC/D.No.580/25 dated 08.04.2025 and quash the same as illegal, arbitrary, without the authority of law and Jurisdiction and further direct the 4th respondent to grant additional load/demand of 1500 KVA in addition to the existing demand of 9000 KVA by considering the petitioner's application dated 03.04.2025. For Petitioner : Mr.N.Sudalai Muthu For Respondents : Mr.S.Dheenadhayalan Standing Counsel
ORDER
Mr.S.Dheenadhayalan, learned Standing Counsel takes notice for the respondents.
2.The writ petition has been filed challenging the order passed by the fourth respondent in Lr.No.SE/VREDC/VDR/AEE.GL/AE.1/F.HT DOC/D.No.580/25 dated 08.04.2025 and for directing him to grant additional load/demand of 1500 KVA in addition to the existing demand of 9000 KVA, by considering the petitioner's application dated 03.04.2025.
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3.It is the case of the petitioner that the said show cause notice has been issued, based on the audit objection on the ground that the petitioner was fixed with higher quota and therefore, the petitioner had utilized power as against the quota that was given to the petitioner.
4.It is the case of the petitioner that the petitioner has applied for additional quota for this year, as the petitioner requires power. However, the respondents have declined to consider the same stating that only after the payment of BOAB audit pending amount of Rs.1,33,96,501/- towards non levy of penalty, the request of the petitioner can be considered.
5.These are two different issues. The respondents have issued a show cause notice and therefore, they are entitled to adjudicate the same. The petitioner has indeed replied to the same on 07.04.2025 and it is pending adjudication. 6.Since the petitioner requires additional power for the ensuing period on account of the demand and industrial activity, the fourth respondent may consider 3/6
and sanction the same without prejudice to the demand, pursuant to the impugned show cause notice dated 28.02.2025.
7.Under these circumstances, the fourth respondent is directed to consider the request of the petitioner for additional load and to complete the show cause proceedings independently and also recover the amount from the petitioner in the manner known to law.
8.With the aforesaid directions, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Index : Yes / No 18.06.2025 Internet : Yes / No mm To 1.Chairman, Tamil Nadu Generation and Distribution Chennai.
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2.The Chief Financial Controller-Revenue, Tamil Nadu Generation and Distribution Chennai 600 002.
3.The Superintending Engineer, Virdhunagar Electricity Distribution Circle, TANGEDCO Ltd., Virdhunagar.
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C.SARAVANAN, J.
mm 18.06.2025 6/6