Moons Spinners Ltd., v. Tamil Nadu Electricity
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.1 of 2014 Moons Spinners Limited, HTSC No.102, Kalakad Road, Soorangudi, Tirunelveli District-627 108, Tirunelveli District, Represented by its Manager, K.Ravikumar ... Petitioner Vs.
1.The Tamil Nadu Electricity Regulatory Commission, Represented by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai-600 008.
2.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai-600 002.
3.The Chief Engineer, NCES, 144, Anna Salai, Chennai-600 002.
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4.The Superintending Engineer, Tirunelveli Electricity, Distribution Circle, TANGEDCO, TNEB, Tirunelveli.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the fourth respondent in his Bill No.102, dated 03.01.2014, in so far as it relates to levy of penalty in the form of excess demand charges of Rs.1,01,155.80/- in Serial No.12(f) and quash the same as illegal, arbitrary, without the authority of law, forbear the fourth respondent from taking energy adjusted instead of energy available to the credit of 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 : M/s.N.Sudalaimuthu For Respondents : M/s.S.Deenadhayalan Standing Counsel
ORDER
The present writ petition has been filed challenging the current consumption bill incorporating the excess demand energy charges under Serial No.12(f).
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2. A similar issue was questioned by the 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 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 petition is 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). There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.
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Index :
Yes / No Internet :
Yes / No btr To 1.The Secretary, The Tamil Nadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai-600 008.
2.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai-600 002.
3.The Chief Engineer, NCES, 144, Anna Salai, Chennai-600 002.
4.The Superintending Engineer, Tirunelveli Electricity, Distribution Circle, TANGEDCO, TNEB, Tirunelveli.
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R.
VIJAYAKUMAR , J.
btr Order made in 20.10.2022 5/5