SDS STEELS (P) LTD Vs. TAMIL NADU ELECTRICITY REGULATORY COMMISSION; TAMIL NADU ELECTRICITY BOARD; SUPERINTENDING ENGINEER, TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) Heard the learned Counsel appearing for the petitioner and the learned Counsel appearing for the respondents.

(2.) This writ petition has been filed praying for a writ of Certiorarified Mandamus to call for and quash the notice issued by the third respondent, with regard to the levying of penalty, for exceeding the quota during evening peak hours. The main grievance of the petitioner is that no opportunity of hearing had been afforded to the petitioner, by the third respondent, before the impugned notice had been issued. Even though, this Court had, passed earlier orders, with regard to levying of penalty for exceeding the quota during evening peak hours, wherein the respondent Tamil Nadu Electricity Board had been permitted to issue fresh notice to the petitioner therein and to give them an opportunity of hearing, no such opportunity of hearing had been given to the petitioner in the present case, before the impugned notice had been issued.

(3.) In such circumstances, the impugned notice, dated 18.1.2010, issued by the third respondent is set aside and the petitioner is permitted to issue fresh notice and to afford an opportunity of hearing to the petitioner, before passing final orders, with regard to levying of peak hour penalty, for exceeding the quota during the evening peak hours.