IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 26.02.2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.4095 of 2010 & M.P.No.1 of 2010 Saravana Global Energy Limited, (Formerly known as Saravana Insulators Ltd). Cuddalore Main Road, P.N.Kuppam, Kurinjipadi-607 302, Cuddalore District repd. By its Authorised Signatory P.S.Narayanan ...... Petitioner -Vs- 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 Chief Engineer (NCES), Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. 4.The Superintending Engineer, Tamil Nadu electricity Board, Cuddalore Electricity Distribution Circle, CUDDALORE. ...... Respondents Prayer: This petition has been filed seeking for a writ of Certiorari to call for the records of the 4th Respondent in his Notice No.SE/CEDC/CUD/DFC/AO/R/RCS/AS/A.4/F.BOAB Audit/2010 dated 11.02.2010 and quash the same as illegal, arbitrary, without authority of law. For Petitioner : Mr.S.Pandiyaraj For Respondents : No appearance (R1) A.Selvendran (R2 and R3) P.Srinivas (R4) https://hcservices.ecourts.gov.in/hcservices/ O R D E R Heard the learned counsel for the petitioner and the learned counsels appearing on behalf of the respondents. 2. The main contention of the learned counsel for the petitioner is that the impugned notice dated, 11.02.2010, has been issued by the fourth respondent, without giving an opportunity of hearing to the petitioner. The impugned notice is said to have been based on certain audit objections raised by the audit department of the Tamil Nadu Electricity Board. 3.The learned counsel appearing on behalf of respondents 2 to 4, had not refuted the submissions made by the learned counsel for the petitioner. 4. In such circumstances, the impugned notice, dated 11.02.2010, is set aside. However, it is made clear that it would be open to the Tamil Nadu Electricity Board to make a demand to the petitioner to remit the amounts due to the Tamil Nadu Electricity Board, from the petitioner, towards the charges relating to the adjustment of wind mill generation units, after issuing the necessary notice to the petitioner and after giving an opportunity of hearing to the petitioner, in accordance with law. This Writ Petition is ordered accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar arr To 1. The Secretary, Tamil Nadu Electricity Regulatory Commission 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 Chief Engineer (NCES), Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. 4.The Superintending Engineer, Tamil Nadu electricity Board, Cuddalore Electricity Distribution Circle, CUDDALORE. 1 cc to Mr.R.S.Pandiyaraj, Advocate, Sr.No.13278 Writ Petition No.4095 of 2010 NG {CO} TP/5.3.2010. https://hcservices.ecourts.gov.in/hcservices/