IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 11.3.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.4920 of 2010 and M.P.Nos.1 to 3 of 2010 M/s.SAS Hotels & Enterprises, No.49, GN Chetty Road, T.Nagar, Chennai-17. ... Petitioner -Vs.- 1.Tamil Nadu Electricity Regulatory Commission, represented by its Secretary, 19-A Rukmani Laksmipathy Salai, (Marshalls' Road,), Egmore, Chennai-600 008. 2.The Tamil Nadu Electricity Board, represented by its Chairman, No.144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Chennai EDC/Central, Chennai-600 034. ... 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 comprised in its No.SE/CEDC/C/DFC/C/AAO/HT/HTSc.No.2279/D/98/10 dated 22.2.2010 raised by the third respondent for the period from November 2008 to July 2009 in respect of petitioner's HT SC Nos.2279 and quash the same in so far as it relates to the levy of penalty for allegedly exceeding quota during evening peak hours from November, 2008 to July 2009 as illegal, arbitrary, without the authority of law. For petitioner : Mr.Satish Parasaran For respondents : Mr.A.Selvendran https://hcservices.ecourts.gov.in/hcservices/ ORDER Writ Petition is filed to issue a Writ of Certiorari calling for the records of the third respondent comprised in its No.SE/CEDC/C/DFC/C/AAO/HT/HTSc.No.2279/D/98/10 dated 22.2.2010 raised by the third respondent for the period from November 2008 to July 2009 in respect of petitioner's HT SC Nos.2279 and quash the same in so far as it relates to the levy of penalty for allegedly exceeding quota during evening peak hours from November, 2008 to July 2009 as illegal, arbitrary, without the authority of law. 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 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. https://hcservices.ecourts.gov.in/hcservices/ 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 petition can also be transferred to the Tamil Nadu Electricity Regulatory Commission, Chennai on the same terms. 4. 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 petitions are 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, No.144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Chennai EDC/Central, Chennai-600 034. 1 cc to Mr.Satish Parasaran, Advocate, Sr.No.16850 Order in W.P.No.4920 of 2010 TM {CO} TP/19.3.2010. https://hcservices.ecourts.gov.in/hcservices/