(Prayer: Petition filed seeking for a Writ of Certiorari, to call for the records of the first respondent in his Notice Letter No.SE/TEDC/N/DFC/AO/Rev/AS/RCS/A1/F.HT/D 450/2010, dated 28.1.2010, and quash the same in so far as it relates to the levy of penalty for exceeding quota during evening peak hour as illegal, arbitrary, without the authority of law and against the orders of the first respondent made in Miscellaneous Petition No.42 of 2008, dated 28.11.2008.)
Heard Mr.AR.L.Sundaresan, the learned counsel appearing for the petitioner and Mr.P.S.Raman, the learned Advocate General appearing for the respondents 2 and 3.
2. This writ petition has been filed challenging the penal charges levied by the respondent Tamil Nadu Electricity Board, for the alleged violation of the evening peak hour restrictions by the petitioner.
3. The main question which arises for consideration as to whether the Tamil Nadu Electricity Board is empowered to impose penal charges on the petitioner, for violation of the peak hour restrictions imposed on the petitioner. The penal charges imposed on the petitioner are three times the normal rate of charges, on the consumption of the electricity, by invoking the order of the Tamil Nadu Electricity Regulatory Commission, dated 28.11.2008, made in M.P.No.42 of 2008, in addition to the 48 hour restrictions contemplated, under paragraph-33 of the said order.
4. At this stage of the hearing of the writ petition, the learned counsels appearing on behalf of the petitioner, as well as the learned Advocate General, Mr.P.S.Raman, appearing on behalf of the respondent Tamil Nadu Electricity Board, had stated that the issues arising for consideration of this Court could be resolved before the Tamil Nadu Electricity Regulatory Commission, Chennai.
5. In view of such submission being made, on behalf of the parties concerned, the Registry is directed to transfer all the connected writ petitions, along with the relevant records, to the Tamil Nadu Electricity Regulatory Commission, Chennai, forthwith. On such transfer being made, the Tamil Nadu Electricity Regulatory Commission, Chennai, is directed to consider the issues raised in the writ petitions and to pass appropriate orders thereon, within a period of fifteen days thereafter, on merits and in accordance with law, after giving an opportunity of hearing to the petitioner, as well as to the respondent Tamil Nadu Electricity Board. The petitioner shall cooperate in the proceedings to be conducted by the Tamil Nadu Electricity Regulatory Commission, Chennai.
6. Till the Tamil Nadu Electricity Re
Please Login To View The Full Judgment!
gulatory Commission, Chennai, passes the orders, as directed by this Court, the demand orders passed by the respondent Tamil Nadu Electricity Board shall be kept in abeyance. The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed.