Madras High CourtWP(MD)/19589/2016disposed of

Savorit Limited v. Tamilnadu Generation And

2023-03-28Honourable Mr Justice Senthilkumar Ramamoorthy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.03.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P(MD)Nos.14136 to 14138 of 2016 Savorit Limited, HTSC No.41, No.131, Trichy Road, Dindigul-624 310, Dindigul District, General Manager G.Murugesan ... Petitioner Vs.

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

2.Chief Financial Controller/Revenue, TANGEDCO, 144, Anna Salai, Chennai-600 002.

3.The Superintending Engineer, Dindigul Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Dindigul-624 005.

4.Tamil Nadu Electricity Regulatory Commission, Through its Secretary, No.19A, Rukmini Lakshmipathy Salai, Egmore, Chennai-600 008. ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, calling for the records of the second respondent contained in impugned letter CFC/FC/DFC/AAO.HT/AS.3/REV/D.N.115/13 dated 29.07.2013 and quash the same as arbitrary, illegal and violative of the provisions of the Electricity Act, 2003 and the orders of the TNERC.

For Petitioner :Mr.R.S.Pandiyaraj For Respondents :Mr.M.Sarangan Additional Government Pleader for R1 Mr.S.Deenadhayalan Standing Counsel for R2 to R4

O R D E R

The petitioner has assailed a letter dated 29.07.2013 in relation to deemed demand charges.

2. Both learned counsel for the petitioner and learned Standing Counsel for TANGEDCO have placed before me previous orders of this Court in relation to the same issue. By order dated 22.09.2022, W.P(MD).No.19402 of 2013 was disposed of on the following terms:

4. In view of the above said facts, the following order is passed:

(i) The petitioners are directed to pay 50% of the deemed demand charges, if not paid so far and continue to pay the same till the disposal of the Writ Appeal. (ii) The petitioners are also liable to pay the balance deemed demand charges, if the writ appeal filed by the TANGEDCO is allowed.

(iii) Needless to say that the petitioners are also entitled to get similar refund, if any, if the first respondents in the Writ Appeals succeed, subject to the orders/ observations of the Division Bench.

(iv) It is open to the petitioners to take recourse to any suitable action in the manner known to law, in the interregnum.

3. The parties agreed that the present writ petition may also be disposed of in those terms since the matter is pending on appeal before the Hon'ble Division Bench of this Court.

4. By taking note of the above submissions, W.P(MD)No.19589 of 2016 is disposed of in terms of the directions set out above. There shall be no order as to costs. Consequently, connected W.M.P(MD)Nos.14136 to 14138 of 2016 are closed. 28.03.2023 NCC :No Internet :Yes Index :No ssb

To 1.The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), 144, Anna Salai, Chennai-600 002.

2.Chief Financial Controller/Revenue, TANGEDCO, 144, Anna Salai, Chennai-600 002.

3.The Superintending Engineer, Dindigul Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Dindigul-624 005.

4.Tamil Nadu Electricity Regulatory Commission, Through its Secretary, No.19A, Rukmini Lakshmipathy Salai, Egmore, Chennai-600 008.

SENTHILKUMAR RAMAMOORTHY, J.

ssb 28.03.2023