Disposed

M/S.Kumaran Filaments Pvt. Ltd. v. the Chief Engineer/Nces

Madras HC28 Nov 2024WP(MD)/3380/2017

Case brief

AI extract

What is this about?

A writ petition challenging a demand of Rs.17,54,834/- for lapsed energy (2012-2013) made to the petitioner in the name of the third respondent based on an audit slip was closed without adjudication because the Deputy Chief Internal Audit Officer withdrew the audit slip on 23.10.2024. No order as to costs; connected miscellaneous petition also closed.

What the court decided

AI extract

M/S.Kumaran Filaments Pvt. Ltd. Vs the Chief… — Writ and Judicial Review | Madras HC (2024)

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W.P.(MD).No.3380 of 2017

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 28.11.2024

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CORAM

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THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

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W.P.(MD).No.3380 of 2017 and

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W.M.P.(MD)No.2746 of 2017

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M/s.Kumaran Filaments Private Limited, Represented by its Managing Director, K.Ganesan

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...Petitioner

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1.The Chief Engineer/NCES,

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2^nd Floor, NPKRR Maaligai, Eastern Wing, No.800, Anna Salai, Chennai – 600 002.

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2.The Superintending Engineer, (Tamil Nadu Generation & Distribution Corporation Limited, (TANGEDCO) Tirunelveli Electricity Distribution Circle, Tirunelveli – 627 011.

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3.M/s.Sri Devi Oil Private Limited, SF No.279/6, Villipalayam, Paramathi Velur Taluk, Namakkal – 637 206.

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... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarified Mandamus, to

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.3380 of 2017

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call for the impugned order dated 17.11.2016 under Lr.No. SE/TEDC/DFC/AO/REV/AS/Wind/F.BOAB Audi+/D.No.3282/16 as served in the name of third respondent namely M/s.Sri Devi Oil Private Limited to the petitioner namely M/s.Kumaran Filament Private Limited demanding for the payment of Rs.17,54,834/- (Rupees Seventeen Lakh Fifty Four Thousand Eight Hundred and Thirty Four Only) due and payable by the third respondent to the second respondent as per the audit objection for the period from 2012-2013 under the caption of payment of lapsed energy and quash the same as illegal, erroneous and devoid of merits and consequently forbearing the second respondent from including the same in the next generation statement in respect of the Wind Energy Generator HT.SC.No.2164 of Tirunelveli Energy Distribution Circle belonging to the petitioner forthwith.

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For Petitioner : Mr.S.Palani Velayutham For R-1 and R-2 : Mr.S.Deenadhayalan Standing Counsel

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O R D E R

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Heard Mr.S.Palani Velayutham, learned counsel for the petitioner and Mr.S.Deenadhayalan , learned Standing Counsel for the respondents 1 and 2.

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2/5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.3380 of 2017

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Th e Writ Petition has been filed challenging the order dated 17.11.2016 as served in the name of third respondent namely M/s.Sri Devi Oil Private Limited to the petitioner namely M/s.Kumaran Filament Private Limited demanding for the payment of Rs.17,54,834/- (Rupees Seventeen Lakh Fifty Four Thousand Eight Hundred and Thirty Four Only) due and payable by the third respondent to the second respondent

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as per the audit objection for the period from 2012-2013 under the caption of payment of lapsed energy and to consequently forbearing the second respondent from including the same in the next generation statement in respect of the Wind Energy Generator HT.SC.No.2164 of Tirunelveli Energy Distribution Circle belonging to the petitioner forthwith.

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3. When the matter was taken up for hearing, the learned Standing Counsel for the respondents 1 and 2 submitted that the demand has been made based upon the audit slip dated 04.08.2015. The same audit slip

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has been withdrawn by the office of the Deputy Chief Internal Audit Officer vide its communication dated 23.10.2024.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.3380 of 2017

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4. Recording the same, no further adjudication is required to be

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made in this Writ Petition. Accordingly, the Writ Petition stands closed.

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There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

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28.11.2024

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NCC:yes/no Index:yes/no Internet:yes/no Nsr

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To:

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1.The Chief Engineer/NCES,

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2^nd Floor, NPKRR Maaligai, Eastern Wing, No.800, Anna Salai, Chennai – 600 002.

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2.The Superintending Engineer, (Tamil Nadu Generation & Distribution Corporation Limited, (TANGEDCO) Tirunelveli Electricity Distribution Circle, Tirunelveli – 627 011.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.3380 of 2017

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K.KUMARESH BABU, J.

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Nsr

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W.P.(MD).No.3380 of 2017

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28.11.2024

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https://www.mhc.tn.gov.in/judis

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M/S.Kumaran Filaments Pvt. Ltd. v. the Chief Engineer/Nces

Case brief

What is this about?

What the court decided

M/S.Kumaran Filaments Pvt. Ltd. v. the Chief Engineer/Nces

Case brief

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