IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 3.3.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition Nos.4413 of 2010 and M.P.No.1 of 2010 M/s.Vetrivel Forgings, H.T.Sc.No.214, Plot No.G48 and G.49, Industrial Estate, Kakkalur, Kancheepuram District, represented by its Proprietrix, Tmt.Sabitha Devi. ... Petitioner -Vs.- 1.Tamil Nadu Electricity Regulatory Commission, 19-A Rukmani Laksmipathy Salai, (Marshalls' Road,), Egmore, Chennai-600 008. represented by its Secretary. 2.The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Kancheepuram Electricity Distribution Circle, Tamil Nadu Electricity Board, Anna Maaligai, Olimohmedpet, Kancheepuram. ... Respondents Writ Petition 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.0559/RCS/A1/F.R&C Measures/2009, dated 8.2.2010 and quash the same as illegal, arbitrary and against para 33 of the orders of the first respondent made 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. https://hcservices.ecourts.gov.in/hcservices/ For petitioner : Mr.K.Seshadri For respondents : Mr.P.Srinivas O R D E R Writ Petition is filed to issue a Writ of Certiorari calling for the records of the third respondent in Lr.No.0559/RCS/A1/F.R&C Measures/2009, dated 8.2.2010 and quash the same as illegal, arbitrary and against para 33 of the orders of the first respondent made 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. 2. This Writ Petition is filed challenging the penal charges levied. 3. 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 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 https://hcservices.ecourts.gov.in/hcservices/ 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." 4. 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. 5. In such view of the matter, the Writ Petition is 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 petition is closed. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar 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, Kancheepuram Electricity Distribution Circle, Tamil Nadu Electricity Board, Anna Maaligai, Olimohmedpet, Kancheepuram. 1 cc to Mr.K.Seshadri, Advocate, Sr.No.14330 W.P.No.4413 of 2010 RSI {CO} TP/10.3.2010. https://hcservices.ecourts.gov.in/hcservices/