IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 2.3.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.5111 of 2011 and M.P.No.1 of 2011 Gobi Textiles (P) Ltd., HTSC No.57,Main Road, Kolappalur, Gobichettipalayam-638 456, represented by its Managing Director, P.S.Muthuvelappan. ... Petitioner -Vs.- 1.Tamil Nadu Electricity Regulatory Commission, represented 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, Gobi Electricity Distribution Circle, Tamil Nadu Electricity Board, Gobichettipalayam. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for records of the third respondent in his Notice 027/A/cs.Br/DFC/AAO/HT/AS/A2/F. HTSc.No.57/2010 dated 23.2.2011 and quash the same insofar as it relates to levy of penalty for exceeding quota during evening peak hour as illegal, arbitrary,without the authority of law. https://hcservices.ecourts.gov.in/hcservices/ For petitioner : Mr.R.S.Pandiyaraj For respondents : Mr.J.Ravindran O R D E R Writ Petition is filed praying to issue a Writ of Certiorari, calling for records of the third respondent in his Notice 027/A/cs.Br/DFC/AAO/ HT/AS/A2/F.HTSc.No.57/2010 dated 23.2.2011 and quash the same insofar as it relates to levy of penalty for exceeding quota during evening peak hour as illegal, arbitrary,without the authority of law. 2. Mr.J.Ravindran, learned counsel takes notice on behalf of the respondents electricity board. By consent of both the parties, the writ petition is taken up for final disposal. 3. Petitioner challenges the proceedings dated 23.2.2011 which reads as follows:- "Hence you are requested to pay a sum of Rs.27,98,489/- (Rupees Twenty seven lakhs ninety eight thousand four hundred and eighty nine only) towards Evening peak hour charges for the period from 12/2008 to 07/2009 for Excess consumption during Evening Peak Hours 18.00 Hrs to 22.00 Hrs. within seven days from the date of receipt of this notice, otherwise your service connection No.57 M/s.Gobi Textiles Ltd., is liable for disconnection." 4. One of the plea taken by the petitioner is that he has made third party purchase and that should be taken into consideration before determining the levy for exceeding Evening Peak Hour Quota. 5. In the impugned proceedings, the claim is relatable for the period 12/2008 to 07/2009 for Excess consumption during Evening Peak Hours. 6. With regard to levy of penalty for excess consumption during evening peak hours concerned, the order passed by this court in W.P.No.4909 of 2011 will be applicable. Paras 6 to 9 of the order dated dated 1.3.2011 reads as follows: "6. As pointed out by learned counsel for the respondents, if the Apex Court decides in favour of the respondent Electricity Board, then the petitioner will be liable to pay the https://hcservices.ecourts.gov.in/hcservices/ entire amount, if it goes otherwise the amount paid can be adjusted in future bills. 7. At present there is an order of the Appellate Tribunal for Electricity which has ruled in favour of the petitioner and till the matter is decided by the Hon'ble Supreme Court, the demand for levy of excess charges for violation of peak hour quota will be an onerous condition on the petitioner industry. In view of the above, sufficient safeguard can be considered. The claim of the respondent board has also to be considered which pleads financial crunch. 8. Keeping in mind the order passed by the Appellate Tribunal for Electricity and the interim order passed by the Apex Court, in order to balance the equities this Court is of the view that the petitioner/HT Consumer may be directed to pay the disputed amount on certain terms. The petitioner is accordingly directed to pay the amount demanded by the respondent Board in the following manner:- (a) 25% of the amount demanded as excess charges for violation of peak hour quota by way of Bank Guarantee. The Bank Guarantee shall be furnished within a period of two weeks from the date of receipt of a copy of this order. (b) The balance amount should be paid in six equal monthly installments beginning from March, 2011 and should be paid on or before 10th of each month. (c) In the event of the respondent Board succeeding before the Apex Court, they are entitled to encash the Bank Guarantee without further reference to this Court. (d) The petitioner shall keep the Bank Guarantee renewed from time to time till disposal of the matter by the Supreme Court. 9. The writ petition is disposed of as above. No costs. Consequently, the connected miscellaneous petition is closed." https://hcservices.ecourts.gov.in/hcservices/ The same terms will apply to this case. 7. Insofar as the third party purchase is concerned petitioner has to make a representation to the authority for excluding the same if permissible under law. 8. The writ petition is disposed of as above and also in terms of the order passed in W.P.No.4909 of 2001 dated 1.3.2011. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. ts To 1.The Secretary, Tamil Nadu Electricity Regulatory Commission, 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, Gobi Electricity Distribution Circle, Tamil Nadu Electricity Board, Gobichettipalayam. 1 cc to Mr.R.S. Pandiaraj, Advocate, Sr. 14873 1 cc to Mr.J. Ravindran, Advocate, Sr. 16027 W.P.No.5111 of 2011 JP (CO) kk 7/3 https://hcservices.ecourts.gov.in/hcservices/