M/s.Aruppukottai Sri Jayavilas Private limited Vs Tamil Nadu Electricity Generation and Distribution Company (Tangedco)

Tamil Nadu Electricity Generation and Distribution Company (TANGEDCO), Rep by its Chairman and Managing Director, No. 144, Anna Salai, Chennai 600 002.

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The Superintending Engineer, TANGEDCO, Virudhunagar Electricity Distribution Circle, Virudhunagar. : Respondents

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PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari for the records of the 2 nd Respondent comprised in the demand notice in Lr.No.SE/VREDCVDR/AO/REV/AAO/HT/AS/DNO.108/2025, dated 28.02.2025 and the consequential current consumption bill No.

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W.P.(MD)No.6647 of 2025

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H4620068022511 dated 07.03.2025, for the month of February 2025 in so far as inclusion of receipts relating to prior period for a sum of Rs. 18,98,043/- and quash the same as being arbitrary, illegal, violative of the principles of natural justice.

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For Petitioner : Mr.K.Prabhakar For Respondents : Mr.S.Deenadhayalan

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O R D E R

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Challenging the demand notice dated 28.02.2025, issued by

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the second respondent and the consequential current consumption bill dated 07.03.2025 insofar as inclusion of 'receipts relating to prior period', the present writ petition has been filed.

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Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

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The learned counsel for the petitioner has challenged the impugned notice on the grounds that the respondent failed to provide an opportunity of personal hearing before issuing the impugned demand https://www.mhc.tn.gov.in/judis

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notice dated 28.02.2025 . He further contends that originally the demand notice was issued on 03.01.2017 and upon receipt of the same, the petitioner submitted a detailed reply. However, the matter was not pursued for a period of five years, which itself barred by Section 56(2) of the Electricity Act. That apart, without considering the reply submitted by the petitioner in 2017, the respondents issued the demand notice. Aggrieved by the same, the present writ petition has been filed by the petitioner.

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Per contra, the learned Standing Counsel, appearing on

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behalf of the respondents, submits that the petitioner will be provided with a fair and adequate opportunity of personal hearing before any final decision is taken on the impugned demand notice dated 28.02.2025.

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Upon considering the submissions made by the learned

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Standing Counsel for the respondents, there shall be a direction to the second respondent to decide the matter on its own merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner and pass appropriate orders on the impugned demand notice within a period of four weeks from the date of receipt of a copy of

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this order. Till such time, the status quo shall be maintained between the parties. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the second respondent to consider the same on its own merits.

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6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

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12.03.2025

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Index : Yes / No Internet : Yes / No PKN

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W.P.(MD)No.6647 of 2025

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To

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Tamil Nadu Electricity Generation and Distribution Company (TANGEDCO), Rep by its Chairman and Managing Director, No. 144, Anna Salai, Chennai 600 002.

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