G. B. Food Oil Private Limited, Chennai repd. By its Manager C. Alex v. The Chairman, Tamil Nadu Electricity Board, Chennai & Others
2010-08-02
M.JAICHANDREN
body2010
DigiLaw.ai
Judgment :- This petition has been filed, praying for a Writ of Mandamus, to direct the first and the second respondents, to permit the petitioner, to avail the Optimum Demand concept, as per clause 1 (n) of memo, dated, 01.11.2008, issued by the first and the second respondents to run the petitioner industry, as a continuous process industry, without peak hour restrictions, with restricted power holidays. 2. Though various grounds had been raised in the Writ Petition to substantiate the averments made by the petitioner in the affidavit filed in support of the Writ Petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice if the petitioner is permitted to raise all the grounds, which have been raised in the present Writ Petition, if and when the respondents issue a demand notice, with regard to the peak hour penalty to be paid by the petitioner. 3. The learned counsel for the petitioner had further submitted that, the penalty levied on the petitioner, during evening peak hours, by the Superintending Engineer, Thanjavur Electricity Distribution Circle, Tamil Nadu Electricity Board, Thanjavur, in Bill No.41, dated 31.08.2009, had been set aside by this Court, by an order, dated 15.12.2009, in Writ Petition No.9982 of 2009. 4. Though the learned counsel appearing on behalf of the respondents had submitted that the petitioner is liable to be imposed with the evening peak hour restrictions, he had not raised any objection at the time, when the demand was made against the petitioner, with regard to the exceeding of the quota, by the petitioner, during the evening peak hours. 5. In such circumstances, it is open to the petitioner to raise all the grounds available to him, including the grounds raised in the present Writ Petition, when the respondents make a demand against the petitioner, with regard to his exceeding the quota during evening peak hours. It is also open to the petitioner to make a representation to the respondents, with regard to the Optimum Demand, which the petitioner is eligible for, as a continuous process industry, without peak hour restrictions and with restricted power holidays. On such representation being made, the concerned respondents are directed to pass appropriate orders thereon,on merits, and in accordance with law, considering the request of the petitioner, within a period of fifteen days thereafter. Accordingly, the Writ Petition is disposed of with the above directions.
On such representation being made, the concerned respondents are directed to pass appropriate orders thereon,on merits, and in accordance with law, considering the request of the petitioner, within a period of fifteen days thereafter. Accordingly, the Writ Petition is disposed of with the above directions. No costs. Consequently connected Miscellaneous Petitions are closed. If the respondents are not satisfied with the reply submitted by the petitioner, the respondents would be at liberty to pass appropriate orders on such demand made by the respondents, taking into consideration, the objections raised by the petitioner and thereafter to, initiate necessary action, in accordance with the procedures established by law.