IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 05-04-2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.8808 of 2011 and M.P.No.1 of 2011 Kumaran Gin and Pressing (Pvt.) Ltd., HTSC No.310, S.F.No.P33/1- Buthukkul Main Road, Sarkar Periyapalayam Perundurai Taluk, Tiruppur Rep. By its Authorised Signatory S.Ravichandran .. Petitioner. Versus 1. Tamil Nadu Electricity Regulatory Commission Repd. By its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai-600 008. 2. The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. 3. The Superintending Engineer, Tiruppur Electricity Distribution Circle, Tamil Nadu Electricity Board, Tirupur. .. Respondents. Prayer: Petition filed seeking for a writ of Certiorari, calling for the records of the 3rd respondent in his Notice SE/TEDC/TPR/DFC/AAO/HT/AS/F.Peak Hour Penalty/D./11, dated 29.3.2011 and quash the same in so far as it relates to levy of penalty for exceeding quota during evening peak hour as illegal, arbitrary, without the authority of law. For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.J.Ravindran https://hcservices.ecourts.gov.in/hcservices/ O R D E R 1. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 2. In view of the earlier orders passed by this Court, including the order, dated 8.3.2011, made in W.P.Nos.5788 and 5789 of 2011, the petitioner is directed to pay the amount demanded in the impugned order of the third respondent in the following manner: i) 25% of the amount demanded as excess charges, for the alleged violation of peak hour quota, by way of a bank guarantee to be furnished by the petitioner, to the satisfaction of the third respondent, within a period of two weeks from the date of receipt of a copy of this order. ii) The balance amount shall be paid by the petitioner in six equal monthly instalments, on or before the 10th of every succeeding month, starting from the month of April, 2011. iii) In the event of the respondent Tamilnadu Electricity Board obtaining final orders in its favour, from the Supreme Court, in matters covering the issues raised in the present writ petition, it would be entitled to encash the bank guarantee furnished by the petitioner, without further reference to this Court. iv) The petitioner shall keep the bank guarantee renewed, from time to time, till the disposal of the matter by the Supreme Court. The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. csh To 1. The Secretary, Tamil Nadu Electricity Regulatory Commission Repd. 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai-600 008. https://hcservices.ecourts.gov.in/hcservices/ 2. The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. 3. The Superintending Engineer, Tiruppur Electricity Distribution Circle, Tamil Nadu Electricity Board, Tirupur. 1 cc to Mr.R.s. Pandiyaraj, Advocate, Sr. 24204 Writ Petition No.8808 of 2011 KU (CO) kk 6/4 https://hcservices.ecourts.gov.in/hcservices/