JAGADAMBAL TEXTILES Vs. TAMIL NADU ELECTRICITY REGULATORY COMMISSION

JUDGEMENT

(1.) The writ petition has been filed challenging the demand made by the third respondent dated 7/5/2010, so far as it relates to levy of penalty for exceeding quota during evening peak hour alleging that the same is illegal, arbitrary and without the authority of law.

(2.) The case of the petitioner is that they are engaged in the process of spinning having High Tension Electricity supply. The respondents 2 and 3 have sanctioned High Tension supply. While so, the third respondent issued a demand to the petitioner by letter dated 7/5/2010 to pay penal charges for exceeding the quota during the evening peak hour for the period between 11/2008 to 07/2009. Hence the petitioner has approached this Court by filing the present writ petition.

(3.) In the mean while, the Tamil Nadu Electricity Regulatory Commission passed an order dated 4/5/2010 clarifying that the consumption of demand and energy quota in excess over the quota is liable to be charged at the rate mentioned in Para 29 of the earlier order made in M.P.No.42 of 2008 dated 28/11/2008, irrespective of the fact whether the excess is recorded during the non-peak hour or evening peak hour. This was pointed out by the learned counsel appearing for the Tamil Nadu Electricity Board.