LAWS(MAD)-2010-1-54

SELVANAYAKI AMMAN TEXTILES Vs. STATE OF TAMIL NADU

Decided On January 25, 2010
SRI SELVANAYAKI AMMAN TEXTILES, S.RAMAMOORTHY Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) Heard the learned counsels appearing on behalf of the parties concerned.

(2.) Even though various averments have been made and many grounds had been raised in the affidavit filed in support of the writ petition, the main grievance of the petitioner is that the impugned demand notice/bill in respect of the peak hour penalty has been issued by the third respondent, without due notice being given to the petitioner and without affording sufficient opportunity of hearing to the petitioner.

(3.) The learned counsel appearing on behalf of the petitioner has stated that the third respondent has no authority, under the relevant provisions of the law, to levy the penalty, without the prior approval of the Tamil Nadu Electricity Regulatory Commission, which is the competent statutory authority, established in accordance with the Electricity Act, 2003.