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Best Cotton Mills (Unit of Best Corporation Ltd.) & Others v/s The Tamil Nadu Electricity Regulatory Commission repd, By its Secretary & Others


Company & Directors' Information:- P A S COTTON MILLS PRIVATE LIMITED [Active] CIN = U17111TN2005PTC058104

Company & Directors' Information:- BEST CORPORATION PRIVATE LIMITED [Active] CIN = U17111TZ2004PTC011016

Company & Directors' Information:- V R A COTTON MILLS PRIVATE LIMITED [Active] CIN = U15311PB1997PTC020061

Company & Directors' Information:- C A V COTTON MILLS PRIVATE LIMITED [Active] CIN = U17115TZ1987PTC002014

Company & Directors' Information:- BEST COTTON MILLS PRIVATE LIMITED [Active] CIN = U17120TZ2015PTC021591

Company & Directors' Information:- V K S M COTTON MILLS LIMITED [Active] CIN = U17111TZ1998PLC008682

Company & Directors' Information:- BEST CORPORATION LIMITED [Amalgamated] CIN = U17111TZ2006PLC013164

Company & Directors' Information:- BEST COTTON MILLS PRIVATE LIMITED [Amalgamated] CIN = U17115TZ1989PTC002417

Company & Directors' Information:- P K COTTON MILLS PRIVATE LIMITED [Active] CIN = U17111DL2004PTC130281

Company & Directors' Information:- K P G COTTON MILLS PRIVATE LIMITED [Active] CIN = U17115TZ1993PTC004509

Company & Directors' Information:- D B V COTTON MILLS PRIVATE LIMITED [Active] CIN = U17115TZ1982PTC001145

Company & Directors' Information:- S S COTTON MILLS PRIVATE LIMITED [Active] CIN = U17115PB1997PTC019918

Company & Directors' Information:- J R COTTON MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TN1996PTC034302

Company & Directors' Information:- D C H COTTON MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TZ1997PTC008130

Company & Directors' Information:- L D COTTON MILLS PRIVATE LIMITED [Strike Off] CIN = U17291MH2014PTC256832

Company & Directors' Information:- A D COTTON MILLS PVT LTD [Active] CIN = U99999MH1970PTC014837

Company & Directors' Information:- BEST INDIA PRIVATE LIMITED [Active] CIN = U28113DL2015PTC281197

Company & Directors' Information:- V P K COTTON MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TZ2000PTC009530

    W.P.Nos.1053 of 2010, 1054 of 2010, 1055 of 2010, 1056 of 2010, 1057 of 2010, 1058 of 2010 & M.P.No.1 of 2010

    Decided On, 20 January 2010

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR.JUSTICE M. JAICHANDREN

    For Petitioners: M/s.R.S.Pandiyaraj, Advocate. For Respondents: R2, Mr.A.Selvandran, R3, Mr.J.Ravindran, Advocates.



Judgment Text

(Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for records of the 3rd respondent in Bill No.129 dated 31.12.2009 and quash the same in so far as it relates to the levy of penalty for allegedly exceeding quota during evening peak hours as illegal, arbitrary, without the authority of law and against the orders of the 1st respondent made in Miscellaneous Petition No.42 of 2008 dated 28.11.2008.)


Heard the learned counsels appearing on behalf of the parties concerned.


2. Even though various averments have been made and many grounds had been raised in the affidavit filed in support of the writ petition, the main grievance of the petitioner is that the impugned demand notice/bill in respect of the peak hour penalty has been issued by the third respondent, without due notice being given to the petitioner and without affording sufficient opportunity of hearing to the petitioner.


3. The learned counsel appearing on behalf of the petitioner has stated that the third respondent has no authority, under the relevant provisions of the law, to levy the penalty, without the prior approval of the Tamil Nadu Electricity Regulatory Commission, which is the competent statutory authority, established in accordance with the Electricity Act, 2003.


4. It has been further stated that the third respondent had failed to follow the procedures laid down, under paragraph No.33 of the order, made in M.P.No.42 of 2008, dated 28.11.2008, issued by the Tamil Nadu Electricity Regulatory Commission. Therefore, the impugned demand notice/bill issued by the third respondent is liable to be set aside.


5. Mr.A.Selvendran, the learned counsel appearing on behalf of the second respondent and Mr.J.Ravindran, the learned counsel appearing on behalf of the third respondent, had not refuted the claims made by the learned counsel appearing on behalf of the petitioner. However, they had submitted that if this Court deems it fit to set aside the impugned demand notice/bill of the third respondent, liberty may be granted to the third respondent to pass appropriate orders, afresh, after due notice is issued to the petitioner.


6. In view of the submissions made by the learned counsels appearing for the petitioner, as well as the respondents, and in view of the orders passed by this Court, in a number of writ petitions, wherein similar issues have been raised, the impugned demand notice/bill, issued by the third respondent, is set aside. However, it would be open to the third respondent to pass appropriate orders, afresh, including the issuing of the appropriate demand notice/bill, after giving due notice and after affording sufficient opportunity of hearing to the petitioner.


7. After due notice is issued by the third respondent, the petitioner would be at liberty to challenge the same, if it is found necessary to do so, by raising all the grounds available to the petitioner, including those which have been raised in this writ petition. It would also be open to the petitioner to raise the ground that the third respondent has no authority to levy the penalty, on the ground that it is against the dictum laid down by the Tamil Nadu Regulatory Commission, in M.P.No.42 of 2008, dated 28.11.2008.


8. In case the petitioner had already paid the bill amount it would be adjusted to the amounts that may be claimed by the Tamilnadu Electricity Board,

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in the future bills relating to the petitioner, in case the final decision is in favour of the petitioner. The petitioner shall fully cooperate by participating in the inquiry or hearing that may be held by the concerned authorities of the respondent Electricity Board. The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed.
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