Saravana Global Energy Limited, Kurinjipadi, Cuddalore District repd. By its Authorised Signatory P. S. Narayanan v. Tamil Nadu Electricity Regulatory Commission repd. By its Secretary, Egmore, Chennai & Others
2010-02-26
M.JAICHANDREN
body2010
DigiLaw.ai
Judgment : 1. Heard the learned counsel for the petitioner and the learned counsels appearing on behalf of the respondents. 2. The main contention of the learned counsel for the petitioner is that the impugned notice dated, 11.02.2010, has been issued by the fourth respondent, without giving an opportunity of hearing to the petitioner. The impugned notice is said to have been based on certain audit objections raised by the audit department of the Tamil Nadu Electricity Board. 3. The learned counsel appearing on behalf of respondents 2 to 4, had not refuted the submissions made by the learned counsel for the petitioner. 4. In such circumstances, the impugned notice, dated 11.02.2010, is set aside. However, it is made clear that it would be open to the Tamil Nadu Electricity Board to make a demand to the petitioner to remit the amounts due to the Tamil Nadu Electricity Board, from the petitioner, towards the charges relating to the adjustment of wind mill generation units, after issuing the necessary notice to the petitioner and after giving an opportunity of hearing to the petitioner, in accordance with law. This Writ Petition is ordered accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.