W.P.No.24796 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
W.P.No.24796 of 2022
Sri Kausalya Constructions Ltd.,
HTSC No.099094000889,
Unit No:S11&12, Thiru Vi Ka Industrial Estate,
Alandur, Guindy, Chennai – 600032.
Represented by its Authorized Signatory,
Mr.Shabeer Khan ...Petitioner
Vs.
1.The Tamil Nadu Generation and Distribution
Corporation Ltd., (TANGEDCO),
Rep. By its Chairman & Managing Director,
10th Floor, No.144, Anna Salai,
Chennai – 600 002.
2.The Chief Financial Controller – Revenue,
TANGEDCO, 7th Floor, 144, Anna Salai,
Chennai – 600 002.
3.The Superintending Engineer,
TANGEDCO,
Chennai Electricity Distribution Circle/South-I,
Chennai – 600078. ..Respondents
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https://www.mhc.tn.gov.in/judis
W.P.No.24796 of 2022
Prayer: Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of Writ of Mandamus, directing the respondents to extend
the benefit of the order of this Hon'ble Court dated 14.08.2020 passed in
W.P.No.7678 of 2020, in a similar batch matter and to apply the order of this
Hon'ble Court as per Article 14 of the Constitution of India, to the petitioner
also and consequently direct the 1st and 2nd respondents to cause to issue the
fresh CC bills for the months of March 2020 – May 2020 falling in the
lockdown periods as per the above order dated 14.08.2020 and also, to
further direct the respondents to refund / adjust the excessively collected
demand charges from the petitioner during the lockdown period.
For Petitioner : Mr.S.P.Parthasarathy
For Respondents : Mr.M.Abul Kalam
Standing Counsel
ORDER
Challenge in the Writ Petition is to the maximum demand charges by the TANGEDCO.
2.There is no dispute that the period covered by the demand was the period during which, the lockdown enforced and the right of the valid claim maximum demand charges during the period of lockdown is covered by the judgment in W.P.No.7678 of 2020 etc., batch dated 14.08.2020.
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3.In view of the same, this Writ Petition will stand allowed and the impugned demand is quashed. No costs. Since the amount demanded has been paid, there will be a direction ot the respondents to adjust the same in the future current consumption charges.
15.09.2022 kkn Index:No Internet:Yes Speaking To:-
1.The Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Rep. By its Chairman & Managing Director, 10th Floor, No.144, Anna Salai, Chennai – 600 002.
2.The Chief Financial Controller – Revenue, TANGEDCO, 7th Floor, 144, Anna Salai, Chennai – 600 002.
3.The Superintending Engineer, TANGEDCO, Chennai Electricity Distribution Circle/South-I, Chennai – 600078.
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