Madras High Court
V.B.Medicare (P) Ltd. vs Tamil Nadu Electricity ... on 19 November, 2021
W.P.No.2170 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 19.11.2021
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.P.No.2170 of 2017
and
W.M.P.No.2150 of 2017
V.B.Medicare (P) Ltd., HTSC No.296,
No.59, 61 Sipcot – II Stage,
Krishnagiri Road, Hosur,
Rep.by its Authorized Signatory S.Padmanaban
...Petitioner
..Vs..
1.Tamil Nadu Electricity Regulatory
Commission rep.by its Secretary,
19-A, Rukmini Lakshmipathy Salai,
(Marshall's Road)
Egmore, Chennai – 600 008.
2.The Tamil Nadu Generation and Distribution
Corporation Ltd., (TANGEDCO)
144, Anna Salai, Chennai – 600 002.
Rep.by its Chairman.
3.The Superintending Engineer,
TANGEDCO,
Krishnagiri Electricity Distribution Circle,
Krishnagiri. ...Respondents
PRAYER : Petition filed Under Article 226 of the Constitution of India
praying to issue a Writ of Certiorari, calling for the records of the 3rd
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W.P.No.2170 of 2017
respondent in Letter Lr.No.SE/KEDC/DFC/AAO-HT/AS/RCS-HT/F.HT
SC No.296/D.No.674/2017 dated 13.01.2017 towards levy of excess
charges for exceeding evening peak hour quota during December, 2008 to
July, 2009 and quash the same as arbitrary, illegal and against the order
made in Appeal No.111 of 2010 batch cases dated 11.01.2011 issued by
the Appellate Tribunal of Electricity New Delhi.
For Petitioner : Mr.S.P.Parthasarathy
For Respondents : Mr.L.Jai Venkatesh
Standing Counsel
ORDER
The petitioner has filed the above writ petition to issue a Writ of
Certiorari, to call for the records of the 3rd respondent in Letter
Lr.No.SE/KEDC/DFC/AAO-HT/AS/RCS-HT/F.HT SC
No.296/D.No.674/2017 dated 13.01.2017 towards levy of excess charges
for exceeding evening peak hour quota during December, 2008 to July,
2009 and quash the same as arbitrary, illegal and against the order made
in Appeal No.111 of 2010 batch cases dated 11.01.2011 issued by the
Appellate Tribunal of Electricity New Delhi.
2. When the Writ Petition is taken up for hearing,
Mr.S.P.Parthasarathy, learned counsel appearing for petitioner submitted
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W.P.No.2170 of 2017
that in a similar Writ Petition in W.P.No.8688 of 2011
[Arunachalagounder Textile Mills v. Tamil Nadu Electricity
Regulatory Commission and two others], this Court by order dated
26.08.2019, disposed of the Writ Petition for the reason that the issue
involved in the Writ Petition is pending before the Hon'ble Supreme
Court. Further, this Court granted an order of status quo as on that date
subject to the outcome of the result in the appeal pending before the
Hon'ble Supreme Court and also gave liberty to the parties to seek remedy
in the manner known to law.
3. Mr.L.Jai Venkatesh, learned counsel appearing for the
respondents submitted that similar order can be passed in the present
Writ Petition.
4. The relevant portion of the order passed in W.P.No.8688 of
2011 reads as follows:-
“ ... 3.In this regard, the Tamil Nadu Electricity
Board approached the Hon'ble Supreme Court by filing
Civil Appeal Nos.1090 1099 of 2011 and the Hon'ble
Supreme Court vide order dated 04.02.2011 entertained
the Civil Appeals against the judgment of the Appellate
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W.P.No.2170 of 2017
Tribunal. On a perusal of the interim order dated
04.02.2011, there is a direction to the appellant
therein/Tamil Nadu Electricity Board to furnish Bank
Guarantee of a Nationalized Bank in favour of the
Registrar (Judicial) of the Hon'ble Supreme Court.
4. Since the issue involved in the present writ
petition is pending before the Hon'ble Supreme Court at
the instigation of the respondent W.P.No.8688 of 2011
herein/ Tamil Nadu Electricity Board, the writ petition is
disposed of directing the respondent to maintain status-
quo as on date. Subject to the outcome of the Supreme
Court order, the parties may seek remedy in the manner
known to law.”
5. Since the issue is pending before the Hon'ble Supreme Court in
Civil Appeal Nos.1090, 1099 of 2011, following the earlier order passed
by this Court in W.P.No.8688 of 2011, the present Writ Petition is
disposed of subject to the outcome of the appeal pending before the
Hon'ble Supreme Court and thereafter, if aggrieved, the parties may seek
remedy in the manner known to law. The respondents are directed to
maintain status quo till the outcome of the appeal pending before the
Hon'ble Supreme Court.
6. With these observations, the Writ Petition is disposed of. No
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W.P.No.2170 of 2017
costs. Consequently, the connected Miscellaneous Petition is closed.
19.11.2021
Pns
Index : Yes / No
Internet : Yes / No
Speaking/Non-speaking order
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 Generation and Distribution
Corporation Ltd., (TANGEDCO)
144, Anna Salai, Chennai – 600 002.
3.The Superintending Engineer,
TANGEDCO,
Krishnagiri Electricity Distribution Circle,
Krishnagiri.
KRISHNAN RAMASAMY, J.
https://www.mhc.tn.gov.in/judis
W.P.No.2170 of 2017
Pns
W.P.No.2170 of 2017
and
W.M.P.No.2150 of 2017
19.11.2021
https://www.mhc.tn.gov.in/judis
