IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 24-02-2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.3739 of 2010 and M.P.No.1 of 2010 Sree Rajeswari Mills Limited, Post Box No.41, Railway Station Road, Gudiyatham-632 602, Vellore District. .. Petitioner. Versus 1.The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. 2.Tamil Nadu Electricity Regulatory Commission, Rep. By its Secretary, 19-A, Rukmini Lakshmipathy Salai, Marshall's Road, Egmore, Chennai-600 008. 3.The Superintending Engineer, Tirupattur Electricity Distribution Circle, Tirupattur-635 601. .. Respondents. Prayer: Petition filed seeking for a Writ of Certiorarified Mandamus, to call for the records of the third respondent culminating in Lr.No.05/SE/TEDC/TPR/RC/DFC/A2/F.HT.SC.No.03/2010, dated 21.1.2010, for H.T.S.C.No.3 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 second respondent made in Miscellaneous petitioner No.42 of 2008, dated 28.11.2008, and consequently, direct the first and the third respondent to desist from imposing any demand not expressly sanctioned by the second respondent in respect of peak hour consumption. For Petitioner : Mr.Arun Anbumani For Respondents : Mr.A.Selvendran (R1) No Appearance (R2) Mr.P.Srinivas (R3) https://hcservices.ecourts.gov.in/hcservices/ O R D E R This writ petition has been filed praying for a Writ of Certiorarified Mandamus to call for and quash the show cause notice, dated 21.1.2010, issued by the third respondent, said to have been received by the petitioner, on 8.2.2010. 2. At this stage of the hearing of the writ petition, the learned counsel appearing for the petitioner Unit had submitted that certain proceedings are pending before the Board for Industrial and Financial Reconstruction and that the petitioner Unit has been declared, as a sick unit, by its order, dated 1.5.2008. Therefore, there is a bar under Section 22(1) of the Sick Industrial Companies Sick Industrial Companies (Special Provisions) Act, 1985, for the recovery of the money from the petitioner Unit. It has also been stated that the petitioner Unit had filed a writ petition before this Court, in W.P.No.18713 of 2009, challenging the demand made by the respondent Tamil Nadu Electricity Board, with regard to the usage of electricity by the petitioner Unit, without following the evening peak hour restrictions imposed by the respondent Board. 3. It has also been stated that this Court had granted an order of interim stay of the said proceedings, levying electricity consumption charges on the petitioner Unit. The said interim order pertains to an earlier period. Further, the impugned show cause notice has been issued by the respondent Tamil Nadu Electricity Board, in respect of the period from December, 2008 to July, 2009. 4. The learned counsel appearing on behalf of the respondent Tamil Nadu Electricity Board had submitted that the impugned notice is only a show cause notice and therefore, it would be open to the petitioner Unit to raise all the grounds available to it, including those which have been raised in the present writ petition. He had also submitted that the petitioner Unit could submit a detailed explanation to the impugned show cause notice, dated 21.1.2010, and that a hearing would also be given to the petitioner Unit before final orders are passed. 5. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned, the writ petition filed by the petitioner Unit cannot be maintained, in view of the fact that the petitioner Unit has challenged only the show cause notice issued by the respondent Tamil Nadu Electricity Board, dated 21.1.2010. Hence, the writ petition stands dismissed. 6. However, it is made clear that it would be open to the petitioner Unit to raise all the grounds available to it, including those which have been raised in the present writ petition, while submitting an explanation to the impugned show cause notice, dated 21.1.2010. The petitioner Unit shall also be given a hearing, before https://hcservices.ecourts.gov.in/hcservices/ the respondent Tamil Nadu Electricity Board passes final orders. The petitioner Unit shall submit its explanation, within ten days from the date of receipt of a copy of this order, and the respondent Tamil Nadu Electricity Board shall consider the explanation submitted by the petitioner Unit and pass final orders thereon, after giving an opportunity of hearing to the petitioner Unit, as per law. The writ petition is disposed of, with the above directions. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar csh To 1.The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. 2.The Secretary, Tamil Nadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai, Marshall's Road, Egmore, Chennai-600 008. 3.The Superintending Engineer, Tirupattur Electricity Distribution Circle, Tirupattur-635 601. 1 cc To M/s.Arun Anbumani, Advocate, SR.12386 Writ Petition No.3739 of 2010 SAI(CO) sra 22/03/2010 https://hcservices.ecourts.gov.in/hcservices/