IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 03-02-2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.437 of 2010 and M.P.Nos.1 to 3 of 2010 M/s.Cauvery Boards P.Ltd, Nagarpalayam, Gobichettipalayam, Gobi Taluk, Erode District. .. Petitioner. Versus 1.The Tamil Nadu Electricity Regulatory Commission Rep. By its Secretary, 19-A, Rukmini Lakshmipathy Salai (Marshall's Road) Egmore, Chennai-600 008. 2.The Tamil Nadu Electricity Board, Rep. By its Chairman, 144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Gobi Electricity Distribution Circle, Tamil Nadu Electricity Board, Gobichettipalayam-638 452. .. Respondents. Prayer: Petition filed seeking for a Writ of Certiorari, to call for the records of the third respondent comprised in its No.321 A/cs.Br./HT/AS/A1/F.R&C /2009, dated 24.12.2009, raised by the third respondent for the period from 12/2008 to 07/2009 in respect of petitioner HT SC No.35 and quash the same in so far as it relates to the levy of penalty for allegedly exceeding quota during power holidays from 12/2008 to 07/2009 as illegal, arbitrary, without the authority of law. For Petitioner : Mr.Satish Parasaran For Respondents : No Appearance (R1) Mr.A.Selvendran (R2) Mr.J.Ravidran (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. The main contention of the learned counsel for the petitioner is that the impugned order of the third respondent, dated 24.12.2009, demanding that the petitioner should pay Rs.6,04,609/-, as short levy, stating that the petitioner had consumed more energy than the quota fixed for holiday period, has been issued, without issuing a notice to the petitioner and without giving the petitioner an opportunity of hearing. 3. It has also been contended that the third respondent has no authority to levy the excess demand and energy charges for the alleged excess consumption, without the prior approval of the Tamil Nadu Electricity Regulatory Commission, which is the competent authority, under the Electricity Act, 2003. 4. It has also been stated that the procedures prescribed by the Tamil Nadu Electricity Regulatory Commission, by its order, dated 28.11.2008, in M.P.No.42 of 2008, for the levying of such charges has not been followed by the third respondent, while passing the impugned order. 5. The learned counsel appearing on behalf of the respondents had submitted that if this Court is pleased to issue appropriate directions to the concerned authorities of the respondent Tamil Nadu Electricity Board, a prior notice would be issued to the petitioner and thereafter, an order would be passed, afresh, after giving an opportunity of hearing to the petitioner. 6. Considering the facts and circumstances of the case, and in view of the submissions made by the learned counsels appearing on behalf of the parties concerned, the impugned order of the third respondent, dated 24.12.2009, is set aside, making it clear that the third respondent could pass appropriate orders, with regard to the levying of excess demand and energy charges, for the alleged excess consumption of electricity by the petitioner, after issuing due notice and after giving an opportunity of hearing to the petitioner. 7. After the due notice is issued, the petitioner would be at liberty to raise the objections, including, those which have been raised in the present writ petition. In the meantime, the respondent Tamil Nadu Electricity Board, shall not demand the payment of excess energy and demand charges, for the alleged excess consumption of https://hcservices.ecourts.gov.in/hcservices/ electricity from the petitioner. It is made clear that all other charges, due from the petitioner, shall be paid, as per law. The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petitions are closed. csh Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The Secretary, Tamil Nadu Electricity Regulatory Commission 19-A, Rukmini Lakshmipathy Salai (Marshall's Road) Egmore, Chennai-600 008. 2.The Chairman, The Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Gobi Electricity Distribution Circle, Tamil Nadu Electricity Board, Gobichettipalayam-638 452. + 1 cc to Mr. J. Ravindran, Advocate SR No.7005 + 1 cc to M/s.Satish Parasaran, Advocate SR No.6825 Writ Petition No.437 of 2010 LA(CO) SR/16.2.2010 https://hcservices.ecourts.gov.in/hcservices/