IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 4.3.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition Nos.4452 to 4454, 4519, 4542 and 4543 of 2010 and M.P.Nos.1 and 2 of 2010 in all Writ Petitions M/s.Florind Shoes Ltd., represented by its General Manager, S.Syed Saleem M.C.Road, Ambur635 802, Vellore District. ... Petitioner in W.P.No.4452 of 2010 M/s.Eastern Chrone Tanning Corporation, represented by its General Manager, S.Syed Saleem M.C.Road, Ambur-635 814, Vellore District. ... Petitioner in W.P.No.4453 of 2010 M/s.United India Shoe Corporation, represented by its General Manager, S.Syed Saleem M.C.Road, Ambur-635 814, Vellore District. ... Petitioner in W.P.No.4454 of 2010 M/s.Irbaz Leathers (P) Ltd., represented by its Director, B.Ravia Aejaz, SF.83, Gudiyatham Road, Chinavarigam, Thuthipet post 635 811, Ambur, Vellore District. ... Petitioner in W.P.No.4519 of 2010 M/s.Floram Shoes (India) Ltd., represented by its General Manager, E.Aaquil Ahmed, M.C.Road, Agarmacheri 635 804, Vellore District. ... Petitioner in W.P.No.4542 of 2010 https://hcservices.ecourts.gov.in/hcservices/ M/s.Unico Leathers Products(P) Ltd., represented by its General Manager, E.Aaquil Ahmed, No.1, Sri Ramapuram Road, Killachur village, Pallikonda, Vellore District. ... Petitioner in W.P.No.4543 of 2010 -Vs.- 1.Tamil Nadu Electricity Regulatory Commission, represented by its Secretary, 19-A Rukmani Laksmipathy Salai, (Marshalls' Road,), Egmore, Chennai-600 008. 2.The Chairman,, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Tirupattur Electricity Distribution Circle, Tamil Nadu Electricity Board, Tirupattur, Vellore District. ... Respondents in all W.Ps. Writ Petition No.4452 of 2010 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records of the third respondent in Lr.No.118/DFC/RCS/A2/F.HT.SCs/2010 dated 23.2.2010 in respect of HT.SC No.30 and quash the evening peak energy and demand as illegal, arbitrary and against the order of the first respondent in Miscellaneous Petition No.42 of 2008 dated 28.11.2008 and pass such further or other orders as this High court may deem fit. Writ Petition No.4453 of 2010 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records of the third respondent in Lr.No.160/DFC/RCS/A2/F.HT.SCs/2010 dated 23.2.2010 in respect of HT.SC No.19 and quash the evening peak energy and demand as illegal, arbitrary and against the order of the first respondent in Miscellaneous Petition No.42 of 2008 dated 28.11.2008 and pass such further or other orders as this High court may deem fit. Writ Petition No.4454 of 2010 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records of the third respondent in Lr.No.100/DFC/RCS/A2/F.HT.SCs/2010 dated 23.2.2010 in respect of https://hcservices.ecourts.gov.in/hcservices/ HT.SC No.40 and quash the evening peak energy and demand as illegal, arbitrary and against the order of the first respondent in Miscellaneous Petition No.42 of 2008 dated 28.11.2008 and pass such further or other orders as this High court may deem fit. Writ Petition No.4519 of 2010 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records of the third respondent in Lr.No.119/DFC/RCS/A2/F.HT.SCs/2010 dated 23.2.2010 in respect of HT.SC No.40 and quash the evening peak energy and demand as illegal, arbitrary and against the order of the first respondent in Miscellaneous Petition No.42 of 2008 dated 28.11.2008 and pass such further or other orders as this High court may deem fit. Writ Petition No.4542 of 2010 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records of the third respondent in Lr.No.146/DFC/RCS/A2/F.HT.SCs/2010 dated 23.2.2010 in respect of HT.SC No.50 and quash the evening peak energy and demand as illegal, arbitrary and against the order of the first respondent in Miscellaneous Petition No.42 of 2008 dated 28.11.2008 and pass such further or other orders as this High court may deem fit. Writ Petition No.4543 of 2010 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records of the third respondent in Lr.No.127/DFC/RCS/A2/F.HT.SCs/2010 dated 23.2.2010 in respect of HT.SC No.68 and quash the evening peak energy and demand as illegal, arbitrary and against the order of the first respondent in Miscellaneous Petition No.42 of 2008 dated 28.11.2008 and pass such further or other orders as this High court may deem fit. For petitioner in all W.Ps. : Mr.S.Ganesh For respondents in all W.Ps. : Mr.P.Srinivas COMMON ORDER All the 6 Writ Petitions are filed challenging the penal charges levied. 2. This Court had an occasion to consider the claims of similar consumers in W.P.No.2372 of 2010 and by order dated 10.2.2010 this Court passed orders directing the Registry to transfer the Writ Petitions and the records to the Tamil Nadu Electricity Regulatory Commission, Chennai, forthwith. The Tamil Nadu Electricity Regulatory Commission, Chennai was directed to dispose off the issue on merits within a period of fifteen days thereafter. Pending consideration of the issue by the Tamil Nadu Electricity Regulatory https://hcservices.ecourts.gov.in/hcservices/ Commission, Chennai, this Court further directed that the demand orders passed by the Electricity Board should be kept in abeyance. The relevant portion of the order passed in W.P.No.2372 of 2010 reads as follows:- "5. In view of such submission being made, on behalf of the parties concerned, the Registry is directed to transfer all the connected writ petitions, along with the relevant records, to the Tamil Nadu Electricity Regulatory Commission, Chennai, forthwith. On such transfer being made, the Tamil Nadu Electricity Regulatory Commission, Chennai, is directed to consider the issues raised in the writ petitions and to pass appropriate orders thereon, within a period of fifteen days thereafter, on merits and in accordance with law, after giving an opportunity of hearing to the petitioner, as well as to the respondent Tamil Nadu Electricity Board. The petitioner shall cooperate in the proceedings to be conducted by the Tamil Nadu Electricity Regulatory Commission, Chennai. 6. Till the Tamil Nadu Electricity Regulatory Commission, Chennai, passes the orders, as directed by this Court, the demand orders passed by the respondent Tamil Nadu Electricity Board shall be kept in abeyance. The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed." 3. It is now stated that as directed by this Court as above, many of the matters are before the Tamil Nadu Electricity Regulatory Commission, Chennai. Therefore, the present writ petitions can also be transferred to the Tamil Nadu Electricity Regulatory Commission, Chennai on the same terms. 4. In such view of the matter, all the six Writ Petitions are ordered on the terms and conditions as ordered by this Court on 10.2.2010 in W.P.No.2372 of 2010. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ ts To 1.The Secretary, Tamil Nadu Electricity Regulatory Commission, 19-A Rukmani Laksmipathy Salai, (Marshalls' Road,), Egmore, Chennai-600 008. 2.The Chairman,, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Tirupattur Electricity Distribution Circle, Tamil Nadu Electricity Board, Tirupattur, Vellore District. 6 cc to Mr.S.Ganesh, Advocate, Sr.No.15011 to 15016 Common Order in W.P.Nos.4452 to 4454, 4519, 4542 and 4543 of 2010 RSN {CO} TP/11.3.2010. https://hcservices.ecourts.gov.in/hcservices/