IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 24.11.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition Nos.11103 to 11107, 11109 to 11111, 11113, 11115, 11131 to 11140, 11172 to 11174, 11196, 11241 to 11246, 11268, 11283, 11286 to 11288, 11313, 11314 and 11316 of 2010 and M.P.No.1 of 2010 in W.P.Nos.11103 to 11107, 11109 to 11111, 11113, 11115, 11131 to 11140, 11241 to 11246, 11268, 11283, 11286 to 11288 and 11316 of 2010 and M.P.Nos.1 and 2 in W.P.No.11196 of 2010 and M.P.Nos.1 to 3 in W.P.Nos.11172 to 11174, 11313, 11314, of 2010 Christy Friedgram Industry, HT SC No.328, A-2 & A-3, Sidco Industrial Estate, Andipalayam, Tiruchengode-637 214, Namakkal District, represented by its Manager, B.A.Srithar Iyer. ... Petitioner in W.P.No.11103/10 MANI OMEGA FABRICS HT SC NO.225 2/217 NARAYANAPALAYAM MORUR POST TIRUCHENGODE TALUK NAMAKKAL REPD. BY ITS MANAGER K.SUBRAMANIAM. ..Petitioner in WP 11104/2010 ASSOCIATED SAFETY GLASES (PVT) LTD HT SC NO.151 1/305 PARAMATHY ROAD (EXTN) NAMAKKAL DISTRICT REP. BY ITS MANAGER V.PONNUSAMY. ..Petitioner in WP 11105/2010 P.R.S.TYRES LTD HT SC NO.103 42/1-B KURUKKAPURAM ANDAGALURGATE POST RASIPURAM TALUK NAMAKKAL REP. BY ITS MANAGER V.PALANISAMY. ..Petitioner in WP 11106/2010 https://hcservices.ecourts.gov.in/hcservices/ MANI OMEAGA GRANITES (P) LTD HT SC NO.187 NO.2/140A MANKUTTAIKADU MORUR TIRUCHENGODE TALUK NAMAKKAL REP. BY ITS DIRECTOR K.SUBRAMANIAM ..Petitioner in WP 11107/2010 M/S.L.K.P.SPINNING MILLS LTD. REP. BY THE DIRECTOR KAIPAGANUR POST - 636109 KOTHAPADY ATTUR TALUK SALEM DISTRICT. ..Petitioner in WP 11109/2010 M/S.KAC YARN (P) LTD. REP. BY THE DIRECTOR CUDDALORE MAIN ROAD VALAPADY SALEM-636111. ..Petitioner in WP 11110/2010 M/S.R.R.SPINNING MILLS (P) LTD REP. BY THE DIRECTOR KAPPARTHAMPATTY JALAKANDAPURAM POST-636 501 SALEM DISTRICT. ..Petitioner in WP 1111/2010 M/S. INDIA PISTONS LTD. HUZUR GARDENS. SEMBIUM CHENNAI 600 011...Petitioner in WP 11113/2010 M/S.V.S.VENKATESWARA TEXTILES REP. BY THE PROPRIETOR S.F.NO.248/1-B 18-D URUMANDAMPALAYAM G.N.MILLS POST COIMBATORE-641 029. ..Petitioner in WP 11115/2010 M/S.SRI ANGALAMMAN MILLS (HT SC NO.130) REPRESENTED BY K.KANAGARAJ PARTNER SF.NO.4/32 BEHIND SRT 3RD ST. BAVANISAGAR MAIN ROAD PUNJAI PULIAMPATTY- 638459 ERODE DISTRICT. ..Petitioner in WP 11131/2010 M/S.SRI THEIVASIGAMANI SPINNERS (HTSC NO.105) REP. BY KRISHNAKUMAR CHATRABHUJ PARTNER MOTHEPALAYAM JADAIYAMPALAYAM (POST) METTUPALAYAM TALUK COIMBATORE DT-641302...Petitioner in WP 11132/2010 M/S.SUJATHA COTTON MILLS LTD (HT SC NO.262) REP. BY R.SELVARAJ MANAGING DIRECTOR SATHY MAIN ROAD NEELIPPALAYAM P. PULLIAMPATTI-638 459 AVINASHI TALUK COIMBATORE DISTRICT. ..Petitioner in WP 11133/2010 https://hcservices.ecourts.gov.in/hcservices/ M/S.ARAVIND KUMAR TEXTILES (P) LTD (HT SC NO.67) REP. BY G.BALAKRISHNAN MANAGING DIRECTOR, 12/11 KOOTHANUR RD RANGASAMUDRAM VILLAGE SATHYAMANGALAM TK-638 402 ERODE DT. ..Petitioner in WP11134/2010 M/S.SOUTHERN COT SPINNERS UNIT II HTSC NO.283 REP.BY S.V. DEVARAJAN MANAGING DIRECTOR,S.F.NO.311/1 PATTANAM VILLAGE & 319/2 PEEDAMPALLI VILLAGE PATTANAM PUDUR ONDIPUDUR VIA COIMBATORE- 641 016. ..Petitioner in WP 11135/2010 M/S.VENKATACHALAPATHY TEXTILES (HTCS NO.343) REP BY N.VIJAYAKUMAR PARTNER 124-D CIVIL AERODROME ROAD S.I.H. S.S. COLONY COIMBATORE ..Petitioner in WP 11136/2010 M/S.SOWDESWARI AMMAN SPINNERS LTD (HTCS NO.38) REP BY R.SELVARAJ DIRECTOR SATHY MAIN ROAD NALLUR POST P. PULIAMPATTI ERODE DT ..Petitioner in WP 11137/2010 M/S.VIJALAKSHMI TEXTILES (HT SC NO.133) REP BY N.MAHESHKUMAR MANAGING PARTNER 128 MADAMPALAYAM POST PUNJAI PULIAMPATTI VIA 638459 ERODE DT ..Petitioner in WP 11138/2010 M/S.GOLD KING TEX INDIA LTD 132 SANGAGIRI ROAD TIRUCHENGODE NAMAKKAL DIST REP.BY ITS DIRECTOR B. RAAJARAAJAN ..Petitioner in WP 11139/2010 M/S.MASSWIN SPINNING MILL INDIA (P) LTD. S.NO.174/1 ONAPALLIKADU KAVAKAL KUMARAMANGALAM ROAD CHITHALANDHUR POST NAMAKKAL DIST REP.BY MANAGING DIRECTOR P.RAHUPATHY ..Petitioner in WP 11140/2010 M/S.PLASTOMETAL REP. BY ITS PARTNER MR.RAJESH KUMAR SAYANI AMBATTUR INDUSTRIAL ESTATE DEVELOPMENT PLOT NO.59 AMBATTUR CHENNAI-58. ..Petitioner in WP 11172/2010 https://hcservices.ecourts.gov.in/hcservices/ M/S.DECOPLAST INDUSTRIES PVT. LTD REP. BY ITS MANAGING DIRECTOR MR.ARUN JAIN G-25 INDUSTRIAL ESTATE AMBATTUR CHENNAI-58. ..Petitioner in WP 11173/2010 M/S.K.K.POLY COLOR INDIA LTD. REP. BY ITS GENERAL MANAGER VARUN KANKANI F6 AMBATTUR INDUSTRIAL ESTATE CHENNAI-58. ..Petitioner in WP 11174/2010 M/S.KEYARAM HOTELS PVT.LTD REP BY ITS COMPANY SECRETARY MR.K.RAMESH NO. 2 HORRINGTON ROAD CHETPET CHENNAI 31 ..Petitioner in WP 11196/2010 M/S.GULZAR INDUSTRIES REP BY GURNAM SINGH AUTHORIZED SIGNATORY HT SC NO. 1724 NO.47/208 NAGESWARA ROAD ATHIPET AMBATHUR CHENNAI 58 ..Petitioner in WP 11241/2010 M/S.M.MANGALAM (M.M.INDUSTRIES) S.NO. 498/2 NO.2 NEW ST BALAJI NAGAR THIRUMULAVOYAL CHENNAI 62 HT SC NO. 1680 ..Petitioner in WP 11242/2010 M/S.S.R. STEEL REP BY AUTHORIZED SIGNATORY MR. ANBAZAGAN HT SC NO. 1862 NO. 28/3 KEELAMENI VILLAGE CHINAMBEDU POST PONNERI ..Petitioner in WP 11243/2010 M/S.DHARSHAN SINGH HT SC NO. 1662 NO.209/2 VANAGARAM ROAD ATHIPET CHENNAI 58 ..Petitioner in WP 11244/2010 M/S.HARGOBIND STEEL INDUSTRIES REP BY ITS PROPRIETRIX MRS AMARJIT KAUR HTSC NO. 1732 NO.70/1A AND 70/2 ALINJIVAKKAM VILLAGE PONNERI TK CHENNAI 67 ..Petitioner in WP 11245/2010 M/S.TARSEM SINGH HT SC NO. 1656 NO.191 VANAGARAM ROAD ATHIPET CHENNAI 58 ..Petitioner in WP 11246/2010 PRAKSH PLASTIC WORKS REP. BY ITS PROPRIETOR RAJESH KUMAR CHALLANI NO.SP127 SIDCO INDUSTRIAL ESTATE AMBATTUR CHENNAI ..Petitioner in WP 11268/2010 https://hcservices.ecourts.gov.in/hcservices/ PRABHU POLY COLOR PVT. LTD. REP. BY ITS DIRECTOR MANISH KHANNA NO.13 PONNIAMMAN NAGAR AYANAMBAKKAM CHENNAI 95. ..Petitioner in WP 11283/2010 BLOW PACKAGING (INDIA) LTD REP. BY ITS DIRECTOR NO.55-D SIDCO INDUSTRIAL ESTATE AMBATTUR CHENNAI-98. ..Petitioner in WP 11286/2010 BLOW PLAST INDUSTRIES REP. BY ITS PROPRIETOR NO.403 SIDCO INDUSTRIAL ESTATE AMBATTUR CHENNAI-98. ..Petitioner in WP 11287/2010 SAKTHI CONTAINERS PVT. LTD. REP. BY ITS DIRECTOR NO.269 SIDCO INDUSTRIAL ESTATE AMBATTUR CHENNAI-98. ..Petitioner in WP 11288/2010 M/S.SUGUNA POULTRY FARMS LTD (RORMERLY KNOWN AS M/S. SUPREME SUGUNA FOODS COMPANY LTD.,) REP.BY ITS AUTHORISED SIGNATORY REGD OFF: 5TH FLOOR JAYA ENCLAVE NO.1057 AVANASHI ROAD COIMBATORE-641 018 ALSO AT 25 NEHRU STREET EXTN UDUMALPET ..Petitioner in WP 11313/2010 M/S.SUGUNA POULTRY FARMS LTD. REP. BY ITS AUTHORISED SIGNATORY 5TH FLOOR JAYA ENCLAVE 1057 AVANASHI ROAD COIMBATORE-641018. ..Petitioner in WP 11314/2010 M/S KUMARAN TEXTILES REP. MANAGING PARTNER D.PALANISAMY NO.18/3 19/2 PERIYAKOTTAI UDUMALPET ..Petitioner in WP 11316/2010 Vs https://hcservices.ecourts.gov.in/hcservices/ TAMIL NADU ELECTRICITY REGULATORY COMMISSION REPD. BY ITS SECRETARY 19-A RUKMINI LAKSHMIPATHY SALAI (MARSHALL ROAD) EGMORE CHENNAI-8. ..1st Respondent in WP Nos. 11103 to 11107 of 2010, 11109 to 11111/ 2010.11113,11115,11131 to 11140/2010, 11172 to 11174,11196,11241 to 11246,11283, 11286 to 11288 of 2010 & 11316/2010 and 2nd REspondent in WP 11313 of 2010 & 11314/2010 THE CHAIRMAN TAMIL NADU ELECTRICITY BOARD 144 ANNA SALAI CHENNAI-2. ..2nd REspondent in WP Nos. 11103 to11107,11109 to 11111/2010 11113, 11115,11131 to 11140,11172 to 11174, 11196,111241 to 11246,11283 & 11316/2010 & 1st respondent inWP 11287, 11288 11313 & 11314 of 2010 THE SUPERINTENDING ENGINEER NAMAKKAL ELECTRICITY DISTRIBUTION CIRCLE TAMIL NADU ELECTRICITY BOARD NAMAKKAL. ..3rd REspondent in WP 11103 to 11107/2010 11139 & 11140/2010 THE SUPERINTENDING ENGINEER TNEB - SALEM ELECTRICITY DISTRIBUTION CIRCLE UDAYAMPATTY SALEM-636014. ..3rd Respondent in WP 11109 ,11110/2010 THE SUPERINTENDING ENGINEER TNEB - METTUR ELECTRICITY DISTRIBUTION CIRCLE METTUR DAM-636 401. ..3rd Respondent in WP 11111/2010 THE SUPERINTENDING ENGINEER TNEB CHENNAI EDC/NORTH NO.144 ANNA SALAI CHENNAI 600 002. ..3rd Respondent in WP 1113/2010 11114/201011241/10,11243/10 & 11245/2010 & 1st REspondent in WP 11286/10,11287/2010 adn 11288/10 11313/2010 and 2nd Respondent in WP 11314/2010 11316/2010 https://hcservices.ecourts.gov.in/hcservices/ THE SUPERINTENDING ENGINEER TNEB-COIMBATORE NORTH ELECTRICITY DISTRIBUTION CIRCLE TATABAD COIMBATORE-641 012. ..3rd REspondent in WP 11115/2010 11132/2010 THE SUPERINTENDING ENGINEER GOBI ELECTRICITY DISTRIBUTION CIRCLE TAMIL NADU ELECTRICITY BOARD GOBICHETTIPALAYAM- 638452. ..3rd REspondent inWP 11131/2010, WP 11134/10,WP 11134/10 and WP 11138/2010 THE SUPERINTENDING ENGINEER COIMBATORE ELECTRICITY DISTRIBUTION CIRCLE- METRO TAMIL NADU ELECTRICITY BOARD TATABAD COIMBATORE-641012. ..3rd REspondent inWP 11135/2010,WP 11136/2010 THE SUPERINTENDING ENGINEER TIRUPPUR ELECTRICITY DISTRIBUTION CIRCLE TAMIL NADU ELECTRICITY BOARD TIRUPPUR. .3rd REspondent inWP 11133/2010, THE SUPERINTENDING ENGINEER TAMIL NADU ELECTRICITY BOARD CHENNAI ELECTRICITY DISTRIBUTION CIRCLE/ WEST THIRUMANGALAM SS ANNANAGAR CHENNAI-40. .3rd REspondent inWP 11172/2010, 11173,1174,11196, 11242,11244/2010 and 11246/2010 2nd REspondent in 11286/2010 11287/2010 11288/10 & 1st Respondent in WP 11268/2010 DEPUTY FINANCIAL CONTROLLER TNEB OPERATION & MAINTENANCE CHENNAI ELECTRICITY DISTRIBUTION CIRCLE CHENNAI ..2nd REspondent in WP 11268/2010 https://hcservices.ecourts.gov.in/hcservices/ THE ASSISTANT EXECUTIVE ENGINEER (OPERATION AND MAINTENANCE) CHENNAI ELECTRICITY DISTRIBUTION CIRCLE INDUSTRIAL ESTATE AMBATTUR CHENNAI-58. ..3rd Respondent in WP11286/10 & 11287/2010 THE SUPERINTENDING ENGINEER TAMIL NADU ELETRICITY BOARD UDUMALPET ELECTRICITY DISTRIBUTION CIRCLE UDUMALPET. ..3rd Respondent in WP 11313/10,11314/10 and 11316/2010 Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari I. 1.calling for the records of the third respondent in his Notice Lr.No.SE/NEDC/DFC/HT/AS/Asst/F.R.&C/D.No.26/2010, 23/10, 26/10,25/10,23/10 respectively in WP 11103/2010 to 1110/2010) dated 18.5.2010, 14.5.2010 14.5.2010, 18.5.2010, 15.5.2010 and 14.5.2010 respectively and quash the same insofar as it relates to levy of penalty for exceeding quota during evening peak hour as illegal, arbitrary and against the orders of the first respondent vide paragraphs 12 and 14 in M.P.Nos.4 and 7 of 2010 dated 4.5.2010 of the petitioner concerned. Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of certiorari I. 1.Calling for the records of the third Respondent in his notice Lr.No.60/A/cs.Br/DFC/ Gobi/HT/AS/A2/ F.R&C/2010 dated 10.05.2010 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 (in WP No.11131/2010) (3)Calling for the records of the 3rd respondent in his notice Lr.No.SE/TEDC/TPR/AO/HT 262/D /2010 dt.17.3.2010 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 authority of law (in WP 11133/2010) (4)Calling for the records of the third Respondent in his notice Lr.No. SE/CEDC/M/ CBE/DFC/ AO/RHT/F. Peak Excess charges/10 dt 7.5.2010 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 (in WP 11136/2010) https://hcservices.ecourts.gov.in/hcservices/ (5)Calling for the records of the third Respondent in his notice Lr.No. 47 A/Cs.Br/DFC/ Gobi/HT/AS/A2/F.R & C/2010 dt 10.5.2010 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 (in WP No.11137/2010) (6)calling for the records of the 3rd Respondent in his Notice Lr.No.SE/NEDC/DFC/HT/AS/Asst.F.R. & C/D.No.25/2010 dt.15.05.2010 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. (in WP No.11139/2010 & 11140/2010) (7)Calling for the records of the 3rd Respondent in his Notice Lr. No.SE/CEDC/W/DFC/ AS/H.T/F.EVENING PEAK HOUR PENALTY 749A & 749B/2010 dt.12.5.2010 and quash the same in so far as it relates to levy of penalty for exceeding quota during evening peak hours as against the order of the 1st Respondent in paragraph 12 and 14 in Miscellaneous Petition 4 & 7/2010 dt.4.5.2010 (in WP No.11172/2010,1173/2010,11174/2010, 11196/2010) (8)calling for records of demand in Lr.No.SE/CEDC/W/DFC/AS/H.T/F. Evening peak hour penalty dated 12.05.2010 on the file of the first respondent and quash the demand as illegal and arbitrary (in WP 11268/2010) (9)Calling for the records relating to the impugned proceedings dt.12.5.2010 in Lr.No.SE/CEDC/W/DFC/AS/H.T/F.EVENING PEAK HOUR PENALTY/ D.No.747/2010 749 A/2010 (WP NMo.11287/2010 & 11288/2010) respectively of the 2nd respondent in respect of service No.1647,1659,1722 respectively of the petitioner in each of the petitioner quash the same (in WP 11286/2010,11287/2010, 11288/2010,11313/2010) 10. calling for the records of the 3rd respondent in his notice Lr.No.SE/UEDC/UDT/AO/REV/HT/AS/A.1/F.Peak hour /2010 dated 10.05.2010 and quash the same in so far as it relates to levy of penalty for exceeding quota during evening peak hour as illegal arbitrary and against the orders of the first respondent in Miscellaneous Petition No.42 of 2008 dated 28.11.2008 (in WP 11316/2010) II Certiorarified mandamus Call for the records of the third respondent in (a)Lr.No. SE/SEDC/AOR/HT/ A.2/F.HT SC No.170/D.170- 2/10 a2. Lr.No.SE/SEDC/AOR/HT/A4/F.HT/SC No.73/ D. 468-2/10 dated 11.5.10 (in W.P.No.11110/10) a3. Lr.No.SE/MEDC/DFC/HT/AS/Asst.3 FR&C D.No.225 dated 11.5.2010 https://hcservices.ecourts.gov.in/hcservices/ (in W.P.No.11111/10) respectively dated 11.05.2010 and quash the same as illegal one without authority of law and non consideration of factual position and consequently direct the third respondent to refund or adjust payment if any collected regarding evening peak hour excess charges (in W.P.No.11109/10 to 11111/10) B. calling for the records of the Respondent Board with respect to the notice dated 12.05.2010 bearing reference Lr.No.SE/CEDC/N/AAO/HT/AS/HT No.1658/D/10 pertaining to HT A/c. 1658 of the Petitioner and quash the same forbear the Respondent Board their men agents and representatives from levying penalty on a retrospective basis on HT A/c. 1658 belonging to the Petitioner Company on the basis of exceeding the demand quota during the peak hours (in W.P.11113 of 2010) c.Call for the records of the third respondent in Lr.No.SE/CEDC/N/CBE/DFC/AO/Rev/ F.CMRI/ D.24/10 dated 10.05.2010 and quash the same as illegal one without authority of law and non consideration of reply and consequently direct the third respondent to refund or adjust payment if any collected regarding evening peak hour charges (in W.P.11115 of 2010) c.Calling for the records of the 2nd and 3rd Respondent in letter No. /CEDC/N/CBE/DFC/ AO/Rev/F. CMRI/D. /10 dated 14.05.2010 and quash the same in so far as it relates to levy of penalty for exceeding quota during evening peak hours as illegal arbitrary without authority of law and against the orders of the 3rd Respondent made in Miscellaneous Petition 4 & 7/2010 dt.4.5.2010 and consequently direct the 2nd and 3rd Respondents to give adjustments in their subsequent month bills in respect of the Petitioner Service Connection HTSC No.105 Tamil Nadu Electricity Board Coimbatore Electricity Distribution Circle (in W.P.11132 of 2010) d. Calling for the records of the 3rd respondent in his Letter No.50 A/Cs.Br/DFC/Gobi/HT/ AS/A2/F.R&C/2010 dt.10.5.2010 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 authority of law and against the orders of the 3rd respondent made in Miscellaneous Petition No.4 & 7/2010 dt.4.5.2010 and consequently direct the 2nd and 3rd respondent to give adjustments in their subsequent month bills in respect of the petitioner Service Connection HTSC No.67 Tamil Nadu Electricity Board Gobi Electricity Distribution Circle (W.P.No.11134/10) e. Calling for the records of the 3rd Respondent in letter No.SE/CEDC/M/CBE/AO/RHT/ F.Peak Excess Charges/10 dt.7.5.2010 and https://hcservices.ecourts.gov.in/hcservices/ quash the same in so far as it relates to levy of penalty for exceeding quota during evening peak hours as illegal arbitrary without authority of law and against the orders of the 1st Respondent made in Miscellaneous Petition No.4 & 7/2010 dt.4.5.2010 and consequently direct the 2nd and 3rd Respondents to give adjustments in their subsequent month bills in respect of the Petitioner Service Connection HTSC No.283 Tamil Nadu Electricity Board Coimbatore Electricity Distribution Circle (W.P.No.11135/10) f. Calling for the records of the 3rd respondent in his Letter No.63 A/Cs.Br/DFC/Gobi/HT/ AS/A2/F.R&C/2010 dt.10.5.2010 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 authority of law and against the orders of the 3rd respondent made in Miscellaneous Petition 4 & 7/2010 dt.4.5.2010 and consequently direct the 2nd and 3rd respondent to give adjustments in their subsequent month bills in respect of the petitioner Service Connection HTSC No.133 Tamil Nadu Electricity Board Gobi Electricity Distribution Circle. (W.P.No.11138/10) g.calling for the records of the 3rd respondent in Lr. No. SE/CEDC/W/DFC/AS/H.T EVENING PEAK HOUR PENALTY/D.NO. 749 A/2010 dt 12.5.2010 received on 15.5.2010 (in W.P.11241, 11242, 11244 & 11246/10) Lr. No. SE/CEDC/N/AAO/H.T No. 1862/ D.No. 645/2010 dt 12.5.2010 (W.P.11243/10) Lr. No. SE/CEDC/N/AAO/H.T/AS/H.T. No. 1732 /D.No. 645/2010 dt 12.5.2010 (in W.P.11245/10) 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 conducting detailed enquiry against the orders of the 1st respondent made in Miscellaneous Petition No.4 of 2010 and M.P. No.7 of 2010 dt 4.5.2010 and consequently direct the 3rd respondent not to collectthe amount of (g1.) Rs. 1,36,848/- (Rupees one lakh thirty six thousand eight hundred and forty eight only) (in W.P.11241/10) (g2) Rs.2,64, 245/- (Rupees two lakhs sixty four thousand two hundred and forty five only) (in W.P.11242/10) (g3) Rs. 3,93,053/- (Rupees three lakhs ninety three thousand and fifty three only) levied in proceeding Lr. No. SE/CEDC/N/AAO/H.T./AS/H.T. NO. 1862/D.No. 645/2010 dt 12.5.2010 (in W.P.No.11243/10) (g4) Rs.5,44,435/- (Rupees five lakhs forty four thousand four hundred thirty five only) in W.P.No.11244/10) g5. Rs.4,10,448/- (Rupees our lakhs ten thousand four hundred and forty eight only levied in proceeding Lr. https://hcservices.ecourts.gov.in/hcservices/ No.SE/CEDC/N/AAO/H.T./AS/H.T. NO. 1732/D.No. 645/2010 dt 12.5.2010 (W.P.No.11245/10) g6. Rs.9,53,072 (Ruppes nine lakhs fifty three thousand and seventy two only) (in W.P.11246/10) levied in proceeding Lr. No. SE/CEDC/W/DFC/AS/ H.T EVENING PEAK HOUR PENALTY /D.NO. 749/2010 dt 12.5.2010 received on 15.5.2010 from the petitioner (in W.P.11241, 11242, 11244, 111246 of 2010) h. Calling for the records of the 3rd respondent in Lr.No.SE/CEDC/ W/DFC/AS/H.T/HTSC No.1728/D.No. 801/2010 dt.21/05/2010 and quash the and forbear the 3rd respondent from collecting the sum of Rs.11 25 176/- being the penalty on peak hour consumption. (in W.P.No.11283/10) i.Calling for the records of the 3rd respondent in his Notice in Lr.No.SE/UBDC/UDT/AO/ REV/HT/AS/A.1/F.Peak Hour/2010 dt.10.5.2010 in respect of petitioner HTSC No.240, 219 and quash the same in so far as it relates to levy of penalty for exceeding quota during evening peak hour as illegal arbitrary and against the orders of the 1st respondent vide paragraph 12 and 14 in M.P.No.4 and 7 of 2010 dt.4.5.2010 and forbear the 1st and 3rd respondents herein its men agents servants subordinates or any other person or persons claiming through it or authorized by it from in any manner issuing any demand for penalty charges or collecting any penalty charges for the alleged excess demand and energy consumption one and above the quota during the peak house without granting an opportunity of hearing to the petitioner and complying with the directions contained in the said order more particularly in paragraph 12 of the order and from disconnecting the electricity supply for non payment of penalty charges ( in W.P.Nos.11313 and 11314 of 2010. For petitioner in W.P.Nos.11103 to 11107 of 2010 : Mr.R.S.Pandiyaraj W.P.Nos.11109 to 11111/10, 11115/10: Mr. S. Sivanandam W.P.Nos.11113/10 , 21274/10,& 21275/10: Mr.S. Ramasubramaniam W.P.Nos.11131 to 11138 of 2010, 11283/10: MR.M. Kamalanathan W.P.Nos.11139 & 11140 of 2010: Mr.A.E. Kalaiselvan W.P.Nos.11172, 11173 & 11174/2010: Mr.M. Hidayathullakhan W.P.Nos.11196/10 Mr.S. Sundaresan https://hcservices.ecourts.gov.in/hcservices/ W.P.No.11241/10 to 11246/10:- Mr.S. Ravichandran W.P.No.11268/10 Mr.S. Rameshkumar W.P.No.11286 /10 to 11288 of 2010 : MR.R. Saravanakumar W.P.Nos.11313 & 11314/10 : Mr.Sathish Parsaran W.P.No.11316/10 :Mr.R. Nithyanandam For respondents in all the Writ Petitions : Mr.A.Selvendran COMMON ORDER Writ Petition No.11103 of 2010 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records of the third respondent in his Notice Lr.No.SE/NEDC/DFC/HT/AS/Asst/F.R.&C/D.No.26/2010 dated 18.5.2010 and quash the same insofar as it relates to levy of penalty for exceeding quota during evening peak hour as illegal, arbitrary and against the orders of the first respondent vide paragraphs 12 and 14 in M.P.Nos.4 and 7 of 2010 dated 4.5.2010 of the petitioner concerned. 2. The prayer in all the 38 writ petitions are almost one and the same. Hence, all the writ petitions are taken up together and disposed of by this common order. 3. The above Writ Petitions have been filed challenging the Notice issued by the Superintending Engineer, levying penalty for exceeding quota during evening peak hours. This notice is issued by the Superintending Engineer after the issue has been concluded by the Tamil Nadu Electricity Regulatory Commission in its order M.P.Nos.4 and 7 of 2010 dated 4.5.2010. The petitioners, if aggrieved by the decision of the Tamil Nadu Electricity Regulatory Commission, are entitled to pursue the matter by way of appeal to the Appellate Tribunal for Electricity, New Delhi, which course of action has been taken by many High Tension Consumers consequent to the order dated 4.5.2010 passed by the first respondent Regulatory Commission. 4. It has been brought to my attention that the Appellate Tribunal for Electricity has passed an interim order on 31.5.2010 with regard to payment of the subsisting dues payable by the consumers. Therefore, the petitioners in these cases are entitled https://hcservices.ecourts.gov.in/hcservices/ to pursue the appeal remedy and seek appropriate direction for payment of the balance dues taking into consideration the amount already deposited pursuant to the interim order of this Court. 5. If the dispute is relating to quantum of the amount determined, then the petitioners are at liberty to pursue appropriate remedy in accordance with law. 6. Insofar as the issue decided by the Tamil Nadu Electricity Regulatory Commission is concerned, the petitioners are at liberty to file an appeal to the Electricity Appellate Tribunal for Electricity, New Delhi. 7. All the above writ petitions are disposed of in the above terms. No costs. Consequently, connected miscellaneous petitions in all the writ petitions are closed. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. ts To 1.The Secretary Tamil Nadu Electricity Regulatory Commission, 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, TNEB Salem ElectRICITY DistriBUTION circle, UdayamPATTY Salem 636 014. https://hcservices.ecourts.gov.in/hcservices/ 4. THE SUPERINTENDING ENGINEER TNEB METTUR ELECTRICITY DISTRBUTION CIRLCE, METTRUR DAM, 636 401 5.THE SUPERINTENDING ENGINEER TNEB CHENNAI EDC/NORTH NO.144 ANNA SALAI CHENNAI 600 002. 6. THE SUPERINTENDING ENGINEER TNEB-COIMBATORE NORTH ELECTRICITY DISTRIBUTION CIRCLE TATABAD COIMBATORE-641 012. 7. THE SUPERINTENDING ENGINEER GOBI ELECTRICITY DISTRIBUTION CIRCLE TAMIL NADU ELECTRICITY BOARD GOBICHETTIPALAYAM- 638452. 8. THE SUPERINTENDING ENGINEER COIMBATORE ELECTRICITY DISTRIBUTION CIRCLE- METRO TAMIL NADU ELECTRICITY BOARD TATABAD COIMBATORE-641012. 9. THE SUPERINTENDING ENGINEER TIRUPPUR ELECTRICITY DISTRIBUTION CIRCLE TAMIL NADU ELECTRICITY BOARD TIRUPPUR. 10. THE SUPERINTENDING ENGINEER NAMAKKAL ELECTRICITY DISTRIBUTION CIRCLE TAMIL NADU ELECTRICITY BOARD NAMAKKAL. 11. THE SUPERINTENDING ENGINEER TAMIL NADU ELECTRICITY BOARD CHENNAI ELECTRICITY DISTRIBUTION CIRCLE/ WEST THIRUMANGALAM SS ANNANAGAR CHENNAI-40. 12.The DEPUTY FINANCIAL CONTROLLER TNEB OPERATION & MAINTENANCE CHENNAI ELECTRICITY DISTRIBUTION CIRCLE CHENNAI 13.THE ASSISTANT EXECUTIVE ENGINEER (OPERATION AND MAINTENANCE) CHENNAI ELECTRICITY DISTRIBUTION CIRCLE INDUSTRIAL ESTATE AMBATTUR CHENNAI-58 https://hcservices.ecourts.gov.in/hcservices/ 14. THE SUPERINTENDING ENGINEER TAMIL NADU ELETRICITY BOARD UDUMALPET ELECTRICITY DISTRIBUTION CIRCLE UDUMALPET 15.THE SUPERINTENDING ENGINEER COIMBATORE ELECTRICITY DISTRIBUTION CIRCLE METRO TNEB, TATABAD, COIMBATORE- 641 012. 1 cc to M/s. S. Ramasubramaniam & Associates, Sr. 84644 1 cc to Mr.M. Kamalanathan, Sr. 83702 5 ccs to Mr.R.S. Pandiyaraj, Sr. 83966 1 cc to Mr.R. Saraanakumar, SR. 83764 1 cc to Mr.S. Ramehkumar, Sr. 83992 3 ccs to Mr.M. Hidayathullakhan, Sr. 84345 1 cc to Mr.S. Sundresn, Sr. 84514 12 ccs to Mr.A. Selvendran, Sr. 84535 to 84546 15 ccs to Mr.J. Ravindran, Sr. 84694 to 84708 4 ccs to Mr.S. Sivanandam, Sr. 83585 to 83588 W.P.Nos.11103 to 11107 of 2010 batch KM, RL (CO) kk ,km 7/2 https://hcservices.ecourts.gov.in/hcservices/