Sri Jayajothi And Company P Ltd Htsc No.9 vs. The Tamilnadu Generation And Distribution Corporation Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction )

Wednesday, the Twenty Eighth day of October Two Thousand Twenty

PRESENT

The Hon`ble Mr Justice N.ANAND VENKATESH

WP No.15047 of 2020

and WMP.No.18746 of 2020

SRI JAYAJOTHI & COMPANY P. LTD., [PETITIONER IN BOTH THE PETITIONS] HTSC. NO.9, PB. NO.35, RAJAPALAYAM – 626 117, REPD. ITS AUTHORISED SIGNATORY S.CHELLAPPAN

VS.

1. THE TAMIL NADU GENERATION [ RESPONDENTS IN BOTH THE PETITIONS ] AND DISTRIBUTION CORPORATION LTD., (TANGEDCO) 144, ANNA SALAI, CHENNAI-600 002. REP. BY ITS CHAIRMAN.

2. THE CHIEF ENGINEER/NCES, THE TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD., (TANGEDCO) 2 ND FLOOR, 144, ANNA SALAI, CHENNAI-600 002.

3. THE SUPERINTENDING ENGINEER, VIRUDHUNAGAR ELECTRICITY DISTRIBUTION CIRCLE, TANGEDCO, VIRUDHUNAGAR.

4. THE SUPERINTENDING ENGINEER, PERAMBALUR ELECTRICITY DISTRIBUTION CIRCLE, TANGEDCO, PERAMBALUR-20.

5. DHANALAKSHMI SRINIVASAN SUGARS P. LTD., UDUMBLYAM VILLAGE, VENGANUR POST, VEPPANTHATTAI TALUK, PERAMBALLUR - 16

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Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of certiorari calling for the records of the 3 rd respondent's impugned notice bearing Lr. No.SE/VREDC/DFC/AO/REVE/AAO/HT/F.D.No.766 2019, dated 16.12.2019 issued by the third respondent and consequential Lr. No.SE/VREDC/DFC/AO/REV/AAO/HT/F/D.No.130 2020 dated 07.10.2020 towards illegal revision of petitioner's CC bills for the months of 04/2017 and 05/2017 which was earlier approved by the 4 th respondent his allotment letters dated 30.04.2017 and 31.05.2017 for the months of 04/2017 & 05/2017 respectively and quash the same as illegal, arbitrary, against principals of natural justice, contrary to the second respondent's approval letter dated 08.03.2017 and against the Provisions of Electricity Act, 2003. (in WP.No.15047/2020)and;

(ii) to grant an order of interim stay of operation of the 3rd respondents impugned Notice bearing Lr. No. SE/ VREDC/ DFC/ AO/ Rev./ AAO/ HT/F/ D. No.766 2019 dated 16.12.2019 issued by the 3rd respondent and consequential Lr. No. SE/ VREDC/ DFC/ AO/ REV/ AAO/ HT/F/ D.No. 130 2020 dated 07.10.2020 and all proceedings pursuant thereto, (in WMP.No.18746/2020) pending disposal of the writ petition 15047/2020 respectively.

Order : These petitions coming on for orders upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of R.S.PANDIYARAJ, Advocate for the petitioner in both the petitions and MR.S.A.RAMESHWAR Standing Counsel for 1 to 4 respondents in both the petitions the court made the following order:-

O R D E R

Mr.S.A.Rameshwar, learned Standing Counsel, takes notice on behalf of the respondents 1 to 4.

2. Notice to the 5 th respondent returnable by four weeks. Private notice is also permitted.

3. Post this writ petition along with W.P.No,13511 of 2020 after four weeks. In the meantime, the respondents are directed to file their counter. There shall be an order of interim stay till then.

-sd/- 28/10/2020 / TRUE COPY /

Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

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TO

1. THE CHAIRMAN. THE TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD., (TANGEDCO) 144, ANNA SALAI, CHENNAI-600 002. 2. THE CHIEF ENGINEER/NCES, THE TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD., (TANGEDCO) 2 ND FLOOR, 144, ANNA SALAI, CHENNAI-600 002. 3. THE SUPERINTENDING ENGINEER, VIRUDHUNAGAR ELECTRICITY DISTRIBUTION CIRCLE, TANGEDCO, VIRUDHUNAGAR. 4. THE SUPERINTENDING ENGINEER, PERAMBALUR ELECTRICITY DISTRIBUTION CIRCLE, TANGEDCO, PERAMBALUR-20. C.C. to R.S.PANDIYARAJ Advocate SR.NO.5399 Order in WP.15047/2020 and WMP.No.18746/2020 Date :28/10/2020 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SDR 04/11/2020