A writ petition challenging the levy of evening peak energy and demand penalty was filed. The High Court quashed the demand noting an interim order by APTEL and allowed the petition, leaving the respondents to revive the demand if successful before APTEL.
The impugned demand under serial No.13(f) of the bill dated 02.09.2011 is quashed.
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1 W.P.(MD)NO.10840 OF 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.10840 of 2011 and M.P.(MD)No.1 of 2011
Vee Bee Yarn Tex Private Limited, 1109-E, Srivilliputtur Road, Rajapalayam – 626 117, Rep. by its Manager, R.Mohunraj ... Petitioner Vs.
Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records of the second respondent in his bill No.192 dated 02.09.2011 in so far as the excess levy of penalty of Rs.139,690.20 under serial No.13(f) quash the same as arbitrary, unlawful and against the circular memo dated 20.06.2011 issued by the first respondent.
For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.E.P.Venkateshwar, for Mr.S.M.S.Johny Basha, Standing Counsel.
O R D E R
Heard the learned counsel on either side.
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2 W.P.(MD)NO.10840 OF 2011
petition is allowed. It is open to the respondents to revive their demand in the event of they are succeeding before the Appellate Tribunal for Electricity(APTEL). No costs. Consequently, connected miscellaneous petition is closed.
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
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To:
W.P.(MD)No.10840 of 2011 11.02.2021
NSM(CO) KB(24.02.2021) 2P 3C
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1 issue framed by the court
Whether the levy of evening peak energy and demand penalty under Clause 13(f) of the electricity bill is arbitrary and unlawful.
1 provisions across 1 enactments
Vee Bee Yarn Tex Private Limited
The Tamil Nadu Electricity Board
The Superintending Engineer
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
