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Raju Spinning Mills Pvt. Ltd., Rajapalayam by its Manager K. Muthulingam & Another v/s The Tamilnad Generation & Distribution Corporation Ltd., (TANGEDCO), Chennai rep. by its Chairman & Others

    W.P(MD) Nos. 3244 to 3247 of 2016 & W.M.P(MD) Nos. 2834 to 2837 of 2016

    Decided On, 16 February 2016

    At, Before the Madurai Bench of Madras High Court

    By, THE HONOURABLE MR. JUSTICE B. RAJENDRAN

    For the Petitioners: R.S. Pandiyaraj, Advocate. For the Respondents: G. Kasinatha Durai, Advocate.



Judgment Text

(Prayer in W.P(MD)No.3244 of 2016: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari calling for the records of the 2nd Respondent's impugned Notice bearing Lr.No. SE/VREDC/VDR/AO/REV/AAO/HT/AS.6/F.HT.SC.No.78 /DNO /2015 dated 29.12.2015 and the consequential impugned CC bills dated 01.02.2016 issued by 2nd Respondent insofar as it relates to the alleged audit amount of Rs.10,962/- alone in Serial No.21 (Other Adjustments), quash the same as illegal, arbitrary, against the principals of natural justice and against the mandatory provisions as contained in Sub-Clause (2) of Rule 13 of The Tamil Nadu Electricity Supply Code, 2004.

in W.P(MD)No.3245 of 2016: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari calling for the records of the 2nd Respondent's impugned Notice bearing Lr.No. SE/VREDC/VDR/AO/REV/AAO/HT/AS.6/F.HT.SC.No.173 / D.No. /2015 dated 29.12.2015 and the consequential impugned CC bills dated 01.02.2016 issued by 2nd Respondent insofar as it relates to the alleged audit amount of Rs.3,97,964/- alone in Serial No.21 (Other Adjustments), quash the same as illegal, arbitrary, against the principals of natural justice and against the mandatory provisions as contained in Sub-Clause (2) of Rule 13 of The Tamil Nadu Electricity Supply Code, 2004.

in W.P(MD)No.3246 of 2016: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari calling for the records of the 2nd Respondent's impugned Notice bearing Lr.No. SE/VREDC/VDR/AO/REV/AAO/HT/AS.6/F.HT.SC.No. 216 / DNO. /2015 dated 29.12.2015 and the consequential impugned CC bills dated 01.02.2016 issued by 2nd Respondent insofar as it relates to the alleged audit amount of Rs.6,37,149/- alone in Serial No.21 (Other Adjustments), quash the same as illegal, arbitrary, against the principals of natural justice and against the mandatory provisions as contained in Sub-Clause (2) of Rule 13 of The Tamil Nadu Electricity Supply Code, 2004.

in W.P(MD)No.3247 of 2016: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari calling for the records of the 2nd Respondent's impugned Notice bearing Lr.No. SE/VREDC/VDR/AO/REV/AAO/HT/AS.6/F.HT.SC.No. 281 / DNO /2015 dated 06.01.2016 and the consequential impugned CC bills dated 01.02.2016 issued by 2nd Respondent insofar as it relates to the alleged audit amount of Rs.19,67,099/- alone in Serial No.21 (Other Adjustments), quash the same as illegal, arbitrary, against the principals of natural justice and against the mandatory provisions as contained in Sub-Clause (2) of Rule 13 of The Tamil Nadu Electricity Supply Code, 2004.)

Common Order:

1. The Writ Petition in W.P(MD).No.3244 of 2016 has been filed to challenge the 2nd respondent's impugned notice bearing Lr.No. SE/VREDC/VDR/AO/REV/AAO/HT/AS.6/F.HT.SC.No.78 /DNO /2015 dated 29.12.2015 and the consequential impugned CC bills dated 01.02.2016 issued by 2nd respondent insofar as it relates to the alleged audit amount of Rs.10,962/- alone in Serial No.21 (Other Adjustments), as illegal, arbitrary, against the principals of natural justice and against the mandatory provisions as contained in Sub-Clause (2) of Rule 13 of The Tamil Nadu Electricity Supply Code, 2004.

2. The Writ Petition in W.P(MD).No.3245 of 2016 has been filed to challenge the 2nd respondent's impugned notice bearing Lr.No. SE/VREDC/VDR/AO/REV/AAO/HT/AS.6/F.HT.SC.No.173 / D.No. /2015 dated 29.12.2015 and the consequential impugned CC bills dated 01.02.2016 issued by 2nd respondent insofar as it relates to the alleged audit amount of Rs.3,97,964/- alone in Serial No.21 (Other Adjustments), as illegal, arbitrary, against the principals of natural justice and against the mandatory provisions as contained in Sub-Clause (2) of Rule 13 of The Tamil Nadu Electricity Supply Code, 2004..

3. The Writ Petition in W.P(MD).No.3246 of 2016 has been filed to the 2nd respondent's impugned notice bearing Lr.No. SE/VREDC/VDR/AO/REV/AAO/HT/AS.6/F.HT.SC.No. 216 / DNO. /2015 dated 29.12.2015 and the consequential impugned CC bills dated 01.02.2016 issued by 2nd Respondent insofar as it relates to the alleged audit amount of Rs.6,37,149/- alone in Serial No.21 (Other Adjustments), as illegal, arbitrary, against the principals of natural justice and against the mandatory provisions as contained in Sub-Clause (2) of Rule 13 of The Tamil Nadu Electricity Supply Code, 2004

4. The Writ Petition in W.P(MD).No.3247 of 2016 has been filed to the 2nd respondent's impugned notice bearing Lr.No. SE/VREDC/VDR/AO/REV/AAO/HT/AS.6/F.HT.SC.No. 281 / DNO /2015 dated 06.01.2016 and the consequential impugned CC bills dated 01.02.2016 issued by 2nd Respondent insofar as it relates to the alleged audit amount of Rs.19,67,099/- alone in Serial No.21 (Other Adjustments), as illegal, arbitrary, against the principals of natural justice and against the mandatory provisions as contained in Sub-Clause (2) of Rule 13 of The Tamil Nadu Electricity Supply Code, 2004.

5. After some elaborate arguments, the learned counsel appearing for the petitioners submitted that petitioners' reply have not been considered, even though which were sent belatedly, as stated by the respondents' counsel. The learned counsel for the petitioners would also contend that the petitioners have asked certain accounts, which have also not been furnished. Further, the learned counsel would also contend that the petitioners are not disputing the entire amount as claimed in Serial No.21, namely, Other Adjustment. They would also contend that according to them even in respect of item 21 the last date for payment is 21.02.2016. They are ready to pay the entire admitted amount in item No.21. Further, they are also ready to deposit the difference of disputed amount in item No.21 also to a certain extent. Further, the petitioners are ready to deposit the balance of the bill amount immediately and they seek for personal hearing to put forward their case, for which, the respondents' counsel would contend that already an opportunity of hearing was given to the petitioners.

6. Taking into consideration the peculiar circumstances of the case, where the petitioners' objection have not been considered in the impugned order and where the petitioners have bona fidely stated that they are ready to deposit the undisputed amount of the entire bill and the admitted amount of item No.21 in bill along with 50% of the disputed amount in item No.21 and that they have already given a reply notice dated 29.01.2016, though which were sent one day prior to the final order, they the authority has to give an opportunity of personal hearing and hear them in detail and thereafter, pass orders only insofar as the disputed item. As they have not been given any personal hearing and the objections have not been considered, in all these Writ Petitions, the impugned orders are set aside and the matters are remitted back to the respondents on condition that the petitioners depos

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iting the entire bill amount including the admitted amount in item No.21 and along with 50% of the disputed amount in item No.21, within a period of two weeks from the date of receipt of a copy of this order. It is also made clear that the petitioners cannot agitate the entire amount as claimed in Serial No.21 and they can only dispute regarding the disputed portion in item No.21 alone. If the amount is not deposited, this order will not enure to the benefit of the petitioners. It is made clear that as far as the undisputed amount in Serial No.21, and the actual bill amount they got time upto 21.02.2016 and they will pay the same before 21.02.2016. 7. With the above directions, this Writ Petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
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