IN THE COURT OF JUDICATURE AT MADRAS DATED 23.02.2011 CORAM THE HONOURABLE MR. JUSTICE R. SUDHAKAR W.P.No.4394 OF 2011 Kongarar Cotton & Synthetics (P)Ltd., HTSC No. 94, 172-A Dhally Road, Udumallpet 642 126, Tirupur District rep. By its Manager N. Shanmugasundaram .. Petitioner -vs- 1 THE DIRECTOR/OPERATION TAMILNADU TRANSMISSION CORPORATION LTD, 144 ANNA SALAI, CHENNAI 2 2 THE SUPERINTENDING ENGINEER SIVAGANGA ELECTRICITY DISTRIBUTION CIRCLE SIVAGANGA. 3 THE SUPERINTENDING ENGINEER UDUMALPET ELECTRICITY DISTRIBUTION CIRCLE TAMILNADU ELECTRICITY BOARD, UDUMALPET. .. Respondents Prayer: This petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records of the 3rd respondent comprised in his letter No.SE/UEDC/UDT/ AO/REV./AS/AS2/F.HT SC No. 94/2011 and revised bill both dt 21.2.2011 quash the same as unsustainable in law and against the provisions contained in The Electricity Act 2003. For Petitioner: : Mr. A.R.L.Sundaresan Sr. Counsel for Mr. R.S.Pandiyaraj For Respondents: : Mr. J. Ravindran https://hcservices.ecourts.gov.in/hcservices/ ORDER This writ petition is filed to call for the records of the 3rd respondent comprised in his letter No.SE/UEDC/UDT/ AO/REV./AS/AS2/F.HT SC No. 94/2011 and revised bill both dt 21.2.2011 quash the same as unsustainable in law and against the provisions contained in The Electricity Act 2003. 2. Heard Mr.A.R.L.Sundaresan, learned Senior Counsel appearing for the Petitioner and Mr.J. Ravindran, learned counsel for the respondents. 3. In the impugned proceedings dated 21.2.2011, the respondents claimed an amount in excess of Rs. 13,39,201/-. The sum of Rs.13,39,201/- is admitted by the petitioner as per bill dated 31.1.2011. 4. Insofar as the impugned proceedings is concerned, the claim of the petitioner is that the petitioner company was not put on notice and the respondents-authority has not furnished the documents, which they relied upon for the excess claim. The petitioner did not have the opportunity to verify the demand so as to to submit an explanation refuting the claim of the respondents- department. This has caused prejudice to the petitioner and the claim is challenged as arbitrary. 5. In view of the specific stand taken by the petitioner, the learned counsel for the respondents fairly states that an opportunity will be given to the petitioner to verify the records based on which, the impugned proceedings dated 21.2.2011 has been passed and thereafter action will be taken as per law. Respondents' counsel pleads for a direction to direct the petitioner to pay the admitted amount viz., Rs.13,39,201/- as per bill dated 31.1.2011 to which course, the petitioner is agreeable. 6. In view of the plea of violation of Principles of natural justice, the impugned proceedings is set aside. The authorities are entitled to proceed afresh after putting the petitioner on notice together with all relevant documents relatable to the claim in the impugned proceedings and the petitioner will be entitled to refute the claim on merits for which, an opportunity shall be given. 7. The petitioner is however liable to pay the admitted amount of Rs.13,39,201/- as per January 2011 Bill forthwith. https://hcservices.ecourts.gov.in/hcservices/ 8. On receipt of the admitted amount i.e. Rs.13,39,201/- as per bill dated 31.1.2011, the respondents are directed to restore the electricity power supply forthwith. This writ petition is ordered as above. No costs. Consequently, M.P.Nos. 1 and 2 of 2011 are closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ra To 1 THE DIRECTOR/OPERATION TAMILNADU TRANSMISSION CORPORATION LTD, 144 ANNA SALAI, CHENNAI 2 2 THE SUPERINTENDING ENGINEER SIVAGANGA ELECTRICITY DISTRIBUTION CIRCLE SIVAGANGA. 3 THE SUPERINTENDING ENGINEER UDUMALPET ELECTRICITY DISTRIBUTION CIRCLE TAMILNADU ELECTRICITY BOARD, UDUMALPET. 1 cc To Mr.R.S.Paniyaraj, Advocate, SR.13016 1 cc To Mr.J.Ravindran, Advocate, SR.13378 WP No. 4394/2011 bvr(co) pmk.19.3.2011 https://hcservices.ecourts.gov.in/hcservices/