IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 05.07.2010 CORAM THE HONOURABLE MR.JUSTICE D. HARIPARANTHAMAN W.P. No.23505 of 2009 M/s. SEW Infrastructure Limited, rep. by its Director, Trichy-Dindigul Road Project, NH-45 @ KM 386.000 Nadupatty, Manapparai Taluk, Trichy District, being represented by its Authorised representative Pokkali Balaji ... Petitioner -vs- 1. The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002 2. The Superintending Engineer, Trichy Electricity Distribution Circle, Metro/Trichy-20 ... Respondents Prayer: Petition is filed to issue a writ of certiorarified mandamus to call for the records relating to the Proceedings of the first respondent in Lr.No.CE/Comml/EE/DSM/AEE/F.Power cut/D.473.09, dated 31.10.2009, in withdrawing the exemption granted with regard to 40% power cut and quash the same as illegal and direct the respondents to refund the amount of Rs.2,87,424/- paid by the petitioner towards penal charges for the period 29.01.2009 to 16.03.2009, in respect of petitioner HT service connection No.186, Nadupatti, Manaparai Taluk, Trichy District. For Petitioner : Mr. K. Jayachandran For Respondents: Mr. P. Srinivasan O R D E R The petitioner is a company incorporated under the Provisions of the Indian Companies Act. The petitioner company is engaged in the business of construction of bridges and road laying for National Highways. The company was allotted the work of developing NH45, Trichy-Dindigul Road Project by the National Highways Authority of India. The petitioner was granted high https://hcservices.ecourts.gov.in/hcservices/ tension service connection for the said project on 29.01.2009. 2. Pursuant to the power cut, that is in existence, energy quota was fixed by an order dated 11.03.2009. 3. The petitioner made a representation dated 27.03.2009 to the first respondent requesting him to grant exemption from restricted usage of power and to operate at full load sanction till the completion of the work. The petitioner in the letter dated 27.03.2009 requested the respondents to exempt the plants from quota, as they are executing Infrastructure development work for National Highway Authority of India on NH 45 from Trichy to Dindigul Road Project and that their plants are exclusively working for that project work purpose only and that it is a time bound project and that they are having imported machineries such as Stone crusher, Hot mix plant, Wet Mix Plant and Ready mix concrete plant are operational at a time. 4. Based on the instructions of the Head Quarters, the second respondent passed an order dated 21.04.2009 and exempted the petitioner from power cut. 5. But, first respondent in the impugned order dated 31.10.2009 had withdrawn the exemption granted on 21.04.2009. Aggrieved by the same, the petitioner has filed the present writ petition to quash the order dated 31.10.2009 withdrawing the exemption granted for power cut. 6. Notice of motion was ordered on 17.11.2009. The respondents filed counter affidavit. 7. Heard Mr. K. Jayachandran, learned counsel for the petitioner and Mr. P. Srinivasan, learned counsel for the respondents. 8. Admittedly the impugned order was passed without hearing the petitioner when the same resulted in civil consequences. The learned counsel for the respondents admits that before passing the impugned order, the petitioner was not heard. Hence the impugned order was passed in violation of principles of natural justice. Hence, the impugned order is quashed. It is left to the respondents to decide the matter after hearing the petitioner. The learned counsel for the petitioner states that now the power cut is reduced from 40% to 20%. It is made clear that all these points could be raised by the petitioner while the respondents decide the matter afresh about the cancellation of exemption to power cut granted earlier. The respondents are directed to pass fresh order withdrawing the earlier exemption granted to the petitioner, after hearing the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 9. The writ petition is allowed in the above terms. No costs. Consequently, connected M.Ps are closed. Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1. The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002 2. The Superintending Engineer, Trichy Electricity Distribution Circle, Metro/Trichy-20 + 1 cc to Mr. R. Govindaraj, Advocate SR No.47932 W.P. No.23505 of 2009 RJ(CO) SR/13.7.2010 https://hcservices.ecourts.gov.in/hcservices/