IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 17-02-2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.3173 of 2010 and M.P.No.1 of 2010 M/s.SDS Steels (P) Ltd Rep. By its Director Mr.Pramod Kumar Saraf No.2/220 GNT Road, Panjetty, Chennai-600 204. HT SC No.1869 .. Petitioner. Versus 1.The Tamil Nadu Electricity Regulatory Commission, Rukmani Salai Marshal Road, Egmore, Chennai-8. 2.The Tamil Nadu Electricity Board, Repd. By its Chairman, No.800, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, (North) Chennai Electricity Distribution Circle, Tamil Nadu Electricity Board, Anna Salai, Chennai-600 002. .. Respondents. Prayer: Petition filed seeking for a Writ of Certiorarified Mandamus, to call for the records of the third respondent in Lr.No.SE/CEDC/N/DFC/HT/R & C MEASURES/2010, dated 18.1.2010, in H.T.Sc.No.1869 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 first respondent made in Miscellaneous Petition No. 42 of 2008, dated 28.11.2008 and consequently, direct the second and the third respondents not to collect the amount of Rs.1,13,46,972/- (Rupees One Crore Thirteen Lakhs Forty Six Thousand Nine Hundred and Seventy Two Only) levied in proceeding Lr.No.SE/CEDC/N/DFC/HT/R & C MEASURES/2010, dated 18.1.2010 in H.T.Sc.No.1869 from the petitioner For Petitioner : Mr.S.Ravichandran For Respondents : No Appearance (R1) https://hcservices.ecourts.gov.in/hcservices/ Mr.A.Selvendran (R2 & R3) O R D E R Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 2. This writ petition has been filed praying for a writ of Certiorarified Mandamus to call for and quash the notice issued by the third respondent, with regard to the levying of penalty, for exceeding the quota during evening peak hours. The main grievance of the petitioner is that no opportunity of hearing had been afforded to the petitioner, by the third respondent, before the impugned notice had been issued. Even though, this Court had, passed earlier orders, with regard to levying of penalty for exceeding the quota during evening peak hours, wherein the respondent Tamil Nadu Electricity Board had been permitted to issue fresh notice to the petitioner therein and to give them an opportunity of hearing, no such opportunity of hearing had been given to the petitioner in the present case, before the impugned notice had been issued. 3. In such circumstances, the impugned notice, dated 18.1.2010, issued by the third respondent is set aside and the petitioner is permitted to issue fresh notice and to afford an opportunity of hearing to the petitioner, before passing final orders, with regard to levying of peak hour penalty, for exceeding the quota during the evening peak hours. 4. Accordingly, this 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 Tamil Nadu Electricity Regulatory Commission, Rukmani Salai Marshal Road, Egmore, Chennai-8. https://hcservices.ecourts.gov.in/hcservices/ 2.The Chairman, Tamil Nadu Electricity Board, No.800, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, (North) Chennai Electricity Distribution Circle, Tamil Nadu Electricity Board, Anna Salai, Chennai-600 002. 1 cc to Mr.S.Ravichandran, Advocate, Sr.No.10613 Writ Petition No.3173 of 2010 and M.P.No.1 of 2010 LA {CO} TP/19.2.2010. https://hcservices.ecourts.gov.in/hcservices/