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2014 DIGILAW 2002 (MAD)

Nirmala Match Works v. State of Tamil Nadu

2014-07-07

T.S.SIVAGNANAM

body2014
Judgment : 1. In this writ petition, the petitioner seeks to quash the impugned order dated 05.04.2014. 2. The petitioner submitted a representation on 06.08.2013 stating that the power factor penalty has been imposed incorrectly and a sum of Rs.1,30,456.16 has been collected erroneously from the petitioner. It is further submitted by the petitioner that the power factor penalty has been collected over the period for a period of seven months and therefore, the penalty could not have been collected beyond the period of three months i.e. defective period from July 2010. When a representation was submitted by the petitioner the fifth respondent by passing the impugned order relying upon the Clause 11(2) of the Tamil Nadu Electricity Supply code stated that the quantity of electricity supplied during the period in question shall be determined by taking the average of the electricity supplied during the preceding four months. Therefore, it is stated that the amount of Rs.1,13,103/- is liable to be paid by the petitioner. 3. On perusal of the impugned order, it is seen that the petitioner's representation was not taken into consideration and the petitioner would state that there is a preliminary defect. Nevertheless, the respondents took right and replace the meter only on November 2010. Whether the power factor penalty imposed on the petitioner where the defects have been reported by the petitioner, yet the Board did not take minimum action and whether the penalty could have been imposed on seven bills. Since, these issues have not been considered by the fifth respondent, this Court directs the fourth respondent to look into the matter and the fourth respondent shall call for information from the fifth respondent and issue notice to the petitioner and after hearing the petitioner the fourth respondent shall consider the representation and proceed in accordance with law within a period of three weeks from the date of receipt of a copy of this order. 4. With the above directions, the writ petition is disposed of. No costs. Consequently, the connected Miscellaneous petition is closed.