IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 10-02-2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.2372 of 2010 and M.P.No.1 of 2010 A.K.C.T.Cidambaram Cotton Mills (P) Ltd., HT SC No.43, Mangalam Post, Thiruvannamalai, 606752, Repd. By its Managing Director, A.L.Chidambaram. .. Petitioner. Versus 1.Tamil Nadu Electricity Regulatory Commission Repd. By its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai-600 008. 2.The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Thiruvannamalai Electricity Distribution Circle, Tamil Nadu Electricity Board, Thiruvannamalai. .. Respondents. Prayer: Petition filed seeking for a Writ of Certiorari, to call for the records of the third respondent in his Notice Letter No.SE/TEDC/DFC/AO/Rev/AS/RCS/A1/F.HT/D 450/2010, dated 28.1.2010, and quash the same in so far as it relates to the levy of penalty for exceeding quota during evening peak hour as illegal, arbitrary, without the authority of law and against the orders of the first respondent made in Miscellaneous Petition No.42 of 2008, dated 28.11.2008. For Petitioner : Mr.AR.L.Sundaresan for Mr.R.S.Pandiyaraj For Respondents : No Appearance (R1) Mr.P.S.Raman, Advocate General for Mr.A.Selvendran (R2 and R3) https://hcservices.ecourts.gov.in/hcservices/ O R D E R Heard Mr.AR.L.Sundaresan, the learned counsel appearing for the petitioner and Mr.P.S.Raman, the learned Advocate General appearing for the respondents 2 and 3. 2. This writ petition has been filed challenging the penal charges levied by the respondent Tamil Nadu Electricity Board, for the alleged violation of the evening peak hour restrictions by the petitioner. 3. The main question which arises for consideration as to whether the Tamil Nadu Electricity Board is empowered to impose penal charges on the petitioner, for violation of the peak hour restrictions imposed on the petitioner. The penal charges imposed on the petitioner are three times the normal rate of charges, on the consumption of the electricity, by invoking the order of the Tamil Nadu Electricity Regulatory Commission, dated 28.11.2008, made in M.P.No.42 of 2008, in addition to the 48 hour restrictions contemplated, under paragraph-33 of the said order. 4. At this stage of the hearing of the writ petition, the learned counsels appearing on behalf of the petitioner, as well as the learned Advocate General, Mr.P.S.Raman, appearing on behalf of the respondent Tamil Nadu Electricity Board, had stated that the issues arising for consideration of this Court could be resolved before the Tamil Nadu Electricity Regulatory Commission, Chennai. 5. In view of such submission being made, on behalf of the parties concerned, the Registry is directed to transmit copies of the all the connected writ petitions, along with the copies of the relevant records, to the Tamil Nadu Electricity Regulatory Commission, Chennai, forthwith. On such transmission of the records 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. The cost of making the copies of the writ petitions and the other relevant records would be borne by the petitioners in the respective writ petitions. https://hcservices.ecourts.gov.in/hcservices/ 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. The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed. csh Sd/- Asst. Registrar 11.2.2010 Corrected as per order of this Court dated 13.4.2010 and made in WP.No.2372/2010. Sd/- Asst Registrar 30.4.2010 //True Copy// Sub Asst. Registrar To 1. The Secretary, Tamil Nadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai-600 008. To be substituted to the order 2.The Chairman, already despatched Tamil Nadu Electricity Board, on 5.2.2010 144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Thiruvannamalai Electricity Distribution Circle, Tamil Nadu Electricity Board, Thiruvannamalai. + 1 cc to Mr. R. S. Pandiyaraj, Advocate SR No.8858 https://hcservices.ecourts.gov.in/hcservices/ Copy to: 1.The Deputy Registrar, Writ Section, High Court, Chennai 104. 2.The Section Officer, Writ Section, High Court, Madras. Writ Petition No.2372 of 2010 NG(CO) SR/11.2.2010 SR/30.4.2010 https://hcservices.ecourts.gov.in/hcservices/