Petitioner challenged demand notice and revised CC bill of Rs.16,14,728/- for January-October 2018 issued without serving the audit slip or affording hearing. Court quashed the demand notice and CC bill on natural justice grounds and remanded to TANGEDCO to serve materials, hear petitioner and pass fresh orders.
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W.P.No.6713 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.06.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.6713 of 2021 and WMP.Nos.7270 & 7272 of 2021
Ambattur Infra Developers HTSC No.1800, No.32A & 32B, Industrial Estate, Ambattur, Chennai-58 Repd.its Authorised Signatory Harish Dwarakanathan ... Petitioner Vs. 1.The Tamilnadu Generation and Distribution Corporation Ltd., (TANGEDCO) 144, Anna Salai, Chennai 600 002 Represented by its Chairman 2.Director Finance, Tamilnadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai 600 002 3.The Superintending Engineer, Chennai Electricity Distribution Circle(West), TANGEDCO, Chennai 4.The Accounts Officer/Revenue The Superintending Engineer Office, Chennai Electricity Distribution Circle(West), TANGEDCO, Chennai ... Respondents
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PRAYER:
W.P.No.6713 of 2021
PRAYER: Writ Petition is filed under Article 226 of Constitution of India p raying to issue a Writ of Certiorari calling for the records of the 2nd Respondent's impugned circular Memo CFC/R/FC/R/DFCR1/F.HTLT-RTI/D.30/2015 dated 03.02.2016 insofar as the para 3(iii) is concerned and consequential impugned demand notice bearing Lr.No SE/CEDC/W/DFC/AAO/HT/AS/D.NO 141/2021 dated 30.01.2021 of the 3rd Respondent and consequent CC bill dated 06.03.2021 insofar as serial No.20 'other adjustment' to a tune of Rs.16,14,728/- alone is concerned issued by the 4th Respondent, quash the same as illegal, arbitrary, against principles of natural justice and without authority of law and against the Electricity Act, 2003.
For Petitioner : Mr.R.S.Pandiyaraj
For Respondents : Mr.L.Jaivenkatesh, Standing Counsel
ORDER
T his writ petition has been filed challenging the order
passed by the second respondent dated 03.02.2016 thereby issued demand notice and consequential demand notice dated 30.01.2021 and CC bill dated 06.03.2021.
W.P.No.6713 of 2021
petitioner was not given opportunity of hearing to explain for the audit slip. In fact, the said audit slip was not even served on the petitioner.
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W.P.No.6713 of 2021
impugned demand notice and CC bill cannot be sustained and the same are liable to be quashed. Accordingly, the impugned demand notice dated 30.01.2021 and CC bill dated 06.03.2021 are quashed and the matter is remanded to the third respondent.
W.P.No.6713 of 2021
18.06.2024
Neutral citation: Yes/No Index: Yes/No Speaking/Non-speaking order lok
W.P.No.6713 of 2021
G.K.ILANTHIRAIYAN, J.
lok
To 1.Chairman The Tamilnadu Generation and Distribution Corporation Ltd., (TANGEDCO) 144, Anna Salai, Chennai 600 002 2.Director Finance, Tamilnadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai 600 002 3.The Superintending Engineer, Chennai Electricity Distribution Circle(West), TANGEDCO, Chennai 4.The Accounts Officer/Revenue The Superintending Engineer Office, Chennai Electricity Distribution Circle(West), TANGEDCO, Chennai
W.P.No.6713 of 2021
18.06.2024
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2 provisions across 2 enactments
Ambattur Infra Developers
The Tamilnadu Generation and Distribution Corporation Ltd., (TANGEDCO)
Director Finance, Tamilnadu Generation and Distribution Corporation Limited
The Superintending Engineer, Chennai Electricity Distribution Circle(West), TANGEDCO
The Accounts Officer/Revenue The Superintending Engineer Office, Chennai Electricity Distribution Circle(West), TANGEDCO
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
