IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 11-03-2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.6365 of 2011 and M.P.Nos.1 and 2 of 2011 K.G.Fabriks Ltd, HT SC No.237, Plot No.FF-1 Sipcot Industrial, Growth Centre, Perundurai, Erode-638052 District repd by its Manager K.Prabakar Raj ..Petitioner Versus 1.Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Repd.by its Director, 144, Anna Salai, Chennai-600 002 2.Tamil Nadu Electricity Regulatory Commission (TNERC) repd.by its Secretary, 19-A, Rukmani Lakshmipathy Salai, Marshalls Road, Egmore, Chennai-600 008. 3.The Superintending Engineer, Erode Elec Distribution Circle Tamil Nadu Electricity Board, ERODE . Respondents Prayer: Petition filed seeking for a Writ of Certiorari, to call for the records of the 3rd Respondent in his Notice No.A/Cs.Br./HT/A4/F.R.&C/D.79/10 dated 02/03/2011 and quash the same in so far as it relates to levy of penalty for exceeding quota during evening peak hour as illegal, arbitrary, without the authority of law. For Petitioner : Mr.ARL.Sundaresan Senior Advocate for MR.R.S.Pandiyaraj For Respondents : Mr.J.Ravindran (R1 and R3) https://hcservices.ecourts.gov.in/hcservices/ O R D E R Heard the learned Senior counsel appearing on behalf of the petitioner, as well as the learned counsel appearing on behalf of the respondents. 2.The main contention of the learned counsel for the petitioner is that the impugned proceedings of the third respondent, dated 02.03.2011, had been passed by the third respondent, without issuing a notice to the petitioner and without giving an opportunity of hearing to the petitioner. 3.The learned counsel appearing on behalf of the respondents had not refuted the said submissions made by the learned counsel appearing on behalf of the petitioner. However, the learned counsel appearing on behalf of the respondents had submitted that the impugned proceedings of the third respondent, dated 02.03.2011, may be treated as a show cause notice issued to the petitioner, making it clear that, it would be open to the petitioner to raise its objections, to the said show cause notice, if any, within a period of fifteen days from today. He had also submitted that on receipt of the objections by the petitioner, the third respondent would pass appropriate orders, thereon, on merits and in accordance with law, within the period specified by this Court. 4.In view of the averments made in the affidavit filed in support of the writ petition and in view of the submissions made by the learned counsels appearing on behalf of the parties concerned, the impugned proceedings of the third respondent, dated 02.03.2011, shall be considered as a show cause notice, issued to the petitioner and the petitioner shall raise its objections, if any, to the said show cause notice,within a period of fifteen days from today. On receipt of the objections, submitted by the petitioner, the third respondent shall consider the same and pass appropriate orders thereon, on merits and in accordance with law, after giving an opportunity of hearing to the person authorised by the petitioner, within a period of fifteen days thereafter. It is also made clear that the respondents shall not disconnect the electricity supply to the petitioner, before the final orders are passed by the third respondent, pursuant to the show cause notice, dated 02.03.2011. This Writ Petition is ordered accordingly. No costs. Consequently, connected Miscellaneous petition is closed. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ arr To 1.The Director, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), 144, Anna Salai, Chennai-600 002 2.The Secretary, Tamil Nadu Electricity Regulatory Commission (TNERC) 19-A, Rukmani Lakshmipathy Salai, Marshalls Road, Egmore, Chennai-600 008. 3.The Superintending Engineer, Erode Elec Distribution Circle Tamil Nadu Electricity Board, ERODE 1 cc to Mr.R.S.Pandiyaraj, Advocate, Sr.No.17741 Writ Petition No.6365 of 2011 and M.P.Nos.1 and 2 of 2011 RS {CO} TP/11.3.2011. https://hcservices.ecourts.gov.in/hcservices/