National Textiles Corporation v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) No.8550 of 2016 National Textiles Corporation Ltd., HTSC No.05, (Pioneer Spinners), Kamuthakudi 623 719, Paramakudi Taluk, Ramanathapuram District, rep by its General Manager, L.Murugan ... Petitioner /vs./ 1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai 600 002.

2.Director Finance, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai 600 002.

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

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records of the 3rd Respondent's impugned Notice bearing Lr. No. SE/REDC/RMD/DFC/Rev./HT/AS/F.BOAB Audit/D.No. 202/2016, dated 17.03.2016 and quash the same as illegal, arbitrary, contrary the 2nd Respondent's own Circular Memo dated 03.02.2016 and against the Electricity Act, 2003.

For Petitioner : Mr.S.P.Parthasarathy For Respondents : Mr.S.Deenadhayalan Standing Counsel

ORDER

The writ petition had been filed challenging the impugned notice, which had been issued based on the audit objections on the strength of the orders passed by the first respondent on 07.09.2010.

2. The said order dated 07.09.2010 passed by the first respondent had been the subject matter of challenge before the Hon'ble Apex Court and thereafter by 2/5

order dated 20.07.2023 in M.P.No.2 of 2019, the first respondent had passed a detailed order clarifying the earlier order. The said order has also been modified pursuant to the order made in R.P.No.1 of 2023 by order dated 08.08.2024. Pursuant to the said orders, the Chief Financial Controller/Revenue of the TANGEDCO had issued clarification orders to the third respondent herein.

3. In the light of the said subsequent events, the order impugned herein shall stand set aside with a direction to the third respondent to recalculate the amount payable by the petitioner after hearing an opportunity of personal hearing to the petitioner and based on the orders of the first respondent dated 20.07.2023 and 08.08.2024 and the circular issued by the Chief Financial Controller/Revenue of the TANGEDCO dated 29.07.2024. Such exercise shall be carried out within a period of 12 weeks from the date of receipt of a copy of this order. In the event that the petitioner is entitled for refund, the same shall be adjusted in his future dues.

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4. With the aforesaid directions, the Writ Petition stands disposed of. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

Index : Yes / No 20.11.2024 Internet : Yes / No mm 4/5

K.KUMARESH BABU, J.

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