IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-02-2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN W.P.No.2909 of 2010 and M.P.No.1 of 2009 M/s.Elkaypee Spinners (P) LTD, 581, Karur Road, Vedasanthur-624 710, (HTSC.No.155), Rep. by its Executive Director, K.G.Senthil Kumar. .. 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, Tamilnadu Electricity Board, 144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Dindigul Electricity Distribution Circle, Tamil Nadu Electricity Board, Dindigul. .. Respondents. PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, to call for the records of the third respondent in his Notice Lr.No.SE/DEDC/DGL/AO/Rev/D.No.155 /2010, dated 28.1.2010 and quash the same in so far as it relates to levy of penalty for exceeding quota during evening peak hour as illegal, arbitrary, without 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.R.S.Pandiyaraj For Respondents : No Appearance (R1) Mr.A.Selvendran (R2) Mr.P.Srinivas (R3) O R D E R
Heard the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents.
2. This writ petition has been filed praying for a writ of Certiorari to call for and quash the notice issued by the third respondent, with regard to the levying of penalty, for exceeding the quota during evening peak hours. The main grievance of the petitioner is that no opportunity of hearing had been afforded to the petitioner, by the third respondent, before the impugned notice had been issued. Even though, this Court had, passed earlier orders, with regard to levying of penalty for exceeding the quota during evening peak hours, wherein the respondent Tamil Nadu Electricity Board had been permitted to issue fresh notice to the petitioner therein and to give them an opportunity of hearing, no such opportunity of hearing had been given to the petitioner in the present case, before the impugned notice had been issued.
3.In such circumstances, the impugned notice, dated 28.1.2010, issued by the third respondent is set aside and the petitioner is permitted to issue fresh notice and to afford an opportunity of hearing to the petitioner, before passing final orders, with regard to levying of peak hour penalty, for exceeding the quota during the evening peak hours.
4. Accordingly, this writ petition is disposed of, with the above directions. No costs. Consequently, connected M.P. is closed.
Index:Yes/No 12-02-2010 Internet:Yes/No csh Note:Issue order copy on 16.2.10. To 1.The Secretary Tamil Nadu Electricity Regulatory Commission 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road) Egmore, Chennai-600 008. M.JAICHANDREN,J. csh 2. The Chairman, Tamilnadu Electricity Board, 144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Dindigul Electricity Distribution Circle, Tamil Nadu Electricity Board, Dindigul. W.P.No.2909 of 2010 12-02-2010
