The High Court dismissed the writ petition as withdrawn. The petitioner was given liberty to redress grievances through the Regulatory Commission under Section 142 of the Electricity Act.
Writ petition dismissed as withdrawn with liberty to institute action under Section 142 of the Electricity Act.
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W.P.No.16539 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2024
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR. JUSTICE C.KUMARAPPAN
W.P.No.16539 of 2009 and
M.P.Nos. 1 & 2 of 2009
Sri Kaderi Ambal Mills Ltd., (A&B) Unit H.T.Sc.No.46 and 75 Shanmuganathapuram-630 374, Sivaganga District, rep. by its Managing Director S.V. Pethapeumal ... Petitioner
Vs.
W.P.No.16539 of 2009
Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Declaration, declaring para 5.22.3 of Order No. 2 dated 15.5.2006 under which the second respondent is levying and collecting /outage/backup power charges from the petitioner who is an existing consumer of the 2nd respondent as illegal, arbitrary and unconstitutional and consequently direct the respondent to refund the amounts collected under the said head.
For Petitioner : Mr.S.P.Parthasarathy for Mr.K.Seshadri For Respondents : Mr.D.Gopal, Govt. Advocate (for R1); Mr.P.Wilson, Senior Counsel for Mr.S.Madhusudanan, Senior Counsel (for R2, R4 & R5);
No Appearance (for R3).
W.P.No.16539 of 2009
O R D E R
(Order of the Court was delivered by S.M.Subramaniam J.)
The learned counsel for the writ petitioner would contend that Tamil Nadu Electricity Regulatory Commission passed an order in M.P.No.3 of 2008 dated 15.07.2008. As per the said order of the Regulatory Commission, the billing charges made by the respondent is violative of the order of the Regulatory Commission. The learned counsel for the petitioner would further submit that a liberty may be granted to institute further action under Section 142 of the Electricity Act and the petitioner may be permitted to withdraw the writ petition.
(S.M.S.J.,) (C.K.J.,) 13.06.2024
Index : Yes/No Speaking order/Non-Speaking order Neutral Citation : Yes/No (sha)
3/5
W.P.No.16539 of 2009
To
W.P.No.16539 of 2009
S.M.SUBRAMANIAM, J. and C.KUMARAPPAN, J.
(sha)
W.P.No.16539 of 2009
13.06.2024
1 issue framed by the court
Whether a writ petition seeking declaration of charges as illegal and refund thereof be withdrawn with liberty to approach the Regulatory Commission under Section 142 of the Electricity Act.
2 provisions across 2 enactments
Sri Kaderi Ambal Mills Ltd.
The State of Tamil Nadu
The Chairman, Tamil Nadu Electricity Board
M/. Kaveri Gas Power Ltd.
Tamilnadu Electricity Regulatory Commission
The Superintending Engineer, Sivaganga Electricity District Circle
S.M. Subramaniam
C. Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
