IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-02-2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN W.P.No.3203 of 2010 and M.P.No.1 of 2010 M/s.Thiagarajar Mills (P) Ltd., Unit III, Office at Kappalur, Madurai. .. 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 Sali, Marshall's Road, Egmore, Chennai-600 008. 3.The Superintending Engineer, Dindigul Electricity Distribution Circle, Meenakshinaickenpatty, Dindigul-2. .. Respondents. PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, calling for the records of the third respondent culminating in Lr.No.SE/DEDC/DGL/AO/REV/ D.No.153/2010, dated 25.1.2010, for H.T.S.C.No.153, and quash the same in so far as it relates to the 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 Petition 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 Heard the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents. 2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner has submitted that it would suffice if the petitioner is given ten days time to submit an explanation to the impugned notice, dated 25.1.2010, issued by the third respondent and if the third respondent is directed to dispose of the same, after giving an opportunity of hearing to the petitioner, within a specified time. 3. The learned counsel appearing on behalf of the respondents, has no objection for such an order being passed by this Court. 4. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned, the petitioner is permitted to submit an explanation to the show cause notice, dated 25.1.2010, issued by the third respondent, within ten days from today, and on such submission of the explanation the third respondent is directed to consider the same and pass appropriate orders thereon, after giving an opportunity of hearing to the petitioner, as expeditiously as possible. With the above directions, the writ petition stands closed. No costs. Consequently, connected miscellaneous petition is closed csh Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar https://hcservices.ecourts.gov.in/hcservices/ To 1.The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. 2.The Secretary, Tamil Nadu Electricity Regulatory Commission, Rep. 19-A, Rukmini Lakshmipathy Sali, Marshall's Road, Egmore, Chennai-600 008. 3.The Superintending Engineer, Dindigul Electricity Distribution Circle, Meenakshinaickenpatty, Dindigul-2. + 1 cc to Mr. Arun Anbumani & Arya Raj, Advocate SR No.10587 W.P.No.3203 of 2010 and M.P.No.1 of 2010 GS(CO) SR/18.2.2010 https://hcservices.ecourts.gov.in/hcservices/