BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26/11/2010 CORAM THE HON'BLE MR.JUSTICE P.JYOTHIMANI W.P.(MD)No.9515 of 2009 and M.P.(MD)No.1 of 2009 Sri Abbi Textiles (P) Ltd., SF.No.700/ Sithala gundu Kamatchipuram Village, Kottapatty Post, Dindigul District. General Manager R.Ramasubramaian .. Petitioner Vs 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, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai - 600 002. 3.The Accounts Officer (Revenue), Dindigul Electricity Distribution Circle, Tamil Nadu Electricity Board, Dindigul. .. Respondents PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent in Bill No.295, dated 02.09.2009 and quash the same in so far as it relates to levy of penalty of exceeding quota during evening peak hour as illegal, arbitrary, without authority of law and against the orders of the 1st respondent made in Miscellaneous Petition No.42 of 2008, dated 28.11.2008 and consequently direct the 2nd and 3rd respondent to refund or give adjustments in their subsequent month bills for the amount of Rs.4,02,353/- (Penalty Amount Rs.81,666/-) collected illegally from the petitioner. !For Petitioner ... Mr.SMA.Jinnah ^For Respondents ... Mr.M.Sureshkumar :ORDER
The issue involved in this case is covered by an order of this Court made
in a batch of Writ Petitions in W.P.(MD)Nos.1788 of 2010 etc., dated 01.07.2010,
in which, this Court, by following the earlier order passed in a batch of Writ
Petitions in W.P.Nos.10231 of 2010 etc., dated 18.05.2010, wherein it has been
observed as follows:-
“14.In view of the above discussions made, an irresistible conclusion that
could be arrived at are:-
(i) The first respondent, the Tamil Nadu Electricity Regulatory Commission
had clarified by an order dated 04.05.2010 that the Tamil Nadu Electricity Board
has got the power to levy the penalty for exceeding evening peak hour quota and
hence, the remedy of the petitioners lies in filing an appeal before the
appellate Tribunal for electricity as per Section 111 of the Electricity Act,
2003.
(ii) When such an alternative remedy is available to the petitioners, the
petitioners cannot approach this court by filing the present writ petitions
under Article 226 of the Constitution of India.
(iii) The order of the Commission will bind all the parties concerned,
since it is only a clarification made by the Commission on its earlier order
made in M.P.No.42 of 2008 at the instance of this court. Hence, the petitioners
cannot be heard to say that it was not a party to the said order.
(iv) Since the petitioners were prosecuting the matter before this court,
against the order of demand made by the third respondent, the petitioners will
have 15 days time to approach the appellate authority challenging the said
demand.
(v) However, since it has been submitted that a sum of Rupees Four Hundred
Crores is due to the Electricity Board by the petitioners like, the petitioners
are directed to deposit with the third respondent, 30% of the amount demanded,
within one week from the date of receipt of this order. If such amount is paid
within the aforesaid period, the third respondent or other respondents shall not
enforce the demand, for a period of three weeks from the date of receipt of this
order.”
2.The Writ Petition stands disposed of as per the terms of the said order.
Pursuant to the impugned order, if the petitioner has made any payment to the
respondents Board, it is for him to work out his remedy in the manner known to
law, by filing an appropriate appeal. However, there shall be no order as to
costs. Consequently, connected miscellaneous petition stands closed.
MPK
To
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,
Tamil Nadu Electricity Board,
144, Anna Salai,
Chennai – 600 002.
3.The Accounts Officer (Revenue),
Dindigul Electricity Distribution Circle,
Tamil Nadu Electricity Board,
Dindigul.