IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 01.07.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.15512 of 2011 and M.P.Nos.1 to 3 of 2011 Indo Shell Automotive Systems India P. Ltd. SF.No.2/25 B, A, Seerapalayam, Pollachi Main Road, Coimbatore. ... Petitioner - Vs - 1 TANGEDCO, rep. By The Chairman-cum- Managing Director, 144, Anna Salai, Chennai 600 002. 2. Superintending Engineer, TNEB CEDC/South, Tatabad, Coimbatore – 12. ... 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 second respondent in impugned order in Lr.No.SE/CEDC/C/CBE/DFC/AO/HT/F.BOAB 10-11/D. dated 17.06.2011 and quash the same as arbitrary and illegal. For petitioners : Mr. Sathish Parasaran For respondent – 2 : Mr.G.Vasudevan O R D E R Writ Petition is filed praying to issue a Writ of Certiorari calling for the records of the second respondent in impugned order in Lr.No.SE/CEDC/C/CBE/DFC/AO/HT/F.BOAB 10-11/D. dated 17.06.2011 and quash the same as arbitrary and illegal. https://hcservices.ecourts.gov.in/hcservices/ 2. Mr.G.Vasudevan, learned counsel takes notice on behalf of the second respondent. In view of the order that is to be passed in this writ petition, the notice to the first respondent is dispensed with. By consent of both parties, the petition is taken up for disposal. 3. This writ petition has been filed challenging the demand notice issued by the Superintending Engineer based on audit objection stating that the claim is totally without jurisdiction, arbitrary and contrary to the orders passed by the TNERC suo moto Order No.1/09 dated 28.10.2009, insofar it relates the period December 2008 to July 2009. 4. The petitioner interalia contended that the TNERC suo moto order No.1 of 2009 dated 28.10.2009 is inapplicable to the petitioner in the instant demand. The contention is that the order straight away directs the petitioner to pay the amount, within fifteen days of notice without giving the petitioner an opportunity to rebut the claim. The energy demand brought in by the petitioner from captive and the third party source should be subtracted for the purpose of calculation which has not been done in this case. 5. Mr.G.Vasudevan, learned counsel appearing for the second respondent, states that if the court is inclined to direct the authority to pass a detailed order on merits, the authority will consider the same in the light of the objection made by the petitioner and pass a detailed order on merits. 6. In the instant case, the impugned demand is issued based on BOAB Audit Slip No.177 dated 1.6.2011. The petitioner has not been given an opportunity to rebut the claim stating that the suo moto order relied upon does not apply to the facts of the present case. Further, the petitioner has not been given an opportunity to state his case in reply and the demand is made arbitrarily. 7. In such view of the matter, the impugned demand notice shall be treated as a show cause notice and the petitioner will be entitled to submit his objections and explanations as to how the TNERC order in suo moto order No.1/09, dated 28.10.2009, will be inapplicable to the petitioner. The petitioner is given two weeks time to make the representation/objection along with all necessary supporting evidence and the Superintending Engineer on receipt of such representation/objection shall pass final orders on merits and in accordance with law. https://hcservices.ecourts.gov.in/hcservices/ 8. The petitioner, if aggrieved by such order, is entitled to challenge the same in accordance with law. Till such time, the demand in the impugned proceedings shall not be enforced. 9. The writ petition is disposed of as above. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. smi/ts To, 1 The Chairman-cum- Managing Director, TANGEDCO, 144, Anna Salai, Chennai 600 002. 2. Superintending Engineer, TNEB, CEDC/South, Tatabad, Coimbatore – 12. W.P.No.15512 of 2011 VD (CO) kk 18/7 https://hcservices.ecourts.gov.in/hcservices/