IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16-02-2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN W.P.No.2639 of 2010 and M.P.No.1 of 2010 M/s.Surya Dev Alloys and Power Pvt. Ltd. H.T.Sc.No.1848, S.No.298/2, New Gummidipoondi 601201, Thiruvallur District, Rep. by its Managing Director, Pankaj Agarwal ..Petitioner Versus 1.Tamil Nadu Electricity Regulatory Commission 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road) Egmore, Chennai-600 008 repd. By its Secretary, 2.The Chairman, Tamilnadu Electricity Board, 144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Chennai Electricity Distribution Circle/North, Tamilnadu Electricity Board, 144, Anna Salai, Chennai-600 002. ..Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, to call for the records of the third respondent in Bill No.1848, dated 30.1.2010, and quash that portion of the amount in Item Nos.14 (b) Extra Levy for exceeding Quota and Demand and Item 16 Add/less Adjustment Reliability charges https://hcservices.ecourts.gov.in/hcservices/ as illegal, arbitrary and against the para 33 of the orders of the first respondent in Miscellaneous Petition No.42 of 2008, dated 28.11.2008. For Petitioner : Mr.K.Seshadri For Respondents : Mr.A.Selvendran (for TNEB) O R D E R This writ petition is relating to the reliability charges levied on the petitioner, by the respondent Tamil Nadu Electricity Board, as per the agreement entered into between the petitioner and the respondent Tamil Nadu Electricity Board, with regard to the fixing of the KVA demand and the supply of electricity, at Rs.7/- per unit, during the evening peak hours. 2. The impugned Bill/Demand has been issued by the respondent Tamil Nadu Electricity Board, including the reliability charges, which is disputed by the petitioner, in the present writ petition. 3. The learned counsel appearing on behalf of the respondent Tamil Nadu Electricity Board had submitted that the petitioner could approach the respective Chief Engineer/Distribution Region concerned, to settle the dispute or difference that might have arisen between the petitioner and the respondent Tamil Nadu Electricity Board, with regard to the KVA demand and the supply of electricity, as per the agreement entered into between the petitioner and the respondent Tamil Nadu Electricity Board, in accordance with Clause 8 of the said agreement. 4. In view of the above submission made on behalf of the respondent Tamil Nadu Electricity Board, the petitioner is directed to approach the Chief Engineer/Distribution Region concerned, to settle the dispute or difference arising, in respect of the KVA demand and the supply of electricity and the levying of reliability charges, relating to the agreement entered into between the petitioner and the respondent Tamil Nadu Electricity Board, as per Clause 8 of the said agreement, within ten days from today. The respondent Tamil Nadu Electricity Board shall not initiate further steps pursuant to the impugned Bill/Demand claiming the reliability charges, until the petitioner approaches the Chief Engineer/Distribution Region concerned, as directed by this Court. https://hcservices.ecourts.gov.in/hcservices/ Accordingly, the writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. csh To 1. The Secretary, Tamil Nadu Electricity Regulatory Commission 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road) Egmore, Chennai-600 008. 2. The Chairman, Tamilnadu Electricity Board, 144, Anna Salai, Chennai-600 002. 3. The Superintending Engineer, Chennai Electricity Distribution Circle/North, Tamilnadu Electricity Board, 144, Anna Salai, Chennai-600 002. + 1 c.c. to Mr. K. Seshadri, Advocate. S.R.No.10165. + 1 c.c. to Mr. A. Selvendran, Advocate. S.R.No.10374. W.P.No.2639 of 2010 and M.P.No.1 of 2010 CKN (CO) GSK 18.02.2010. https://hcservices.ecourts.gov.in/hcservices/