S S D OIL MILLS LIMITED REP BY ITS DIRECTOR D RAMAMOORTHY Vs. STATE OF TAMIL NADU, REP BY ITS SECRETARY TO GOVERNMENT ENERGY DEPARTMENT, CHAIRMAN TAMIL NADU ELECTRICITY BOARD AND SUPERINTENDING ENGINEER

JUDGEMENT

(1.) The prayer in the writ petition is for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the order passed by the third respondent dated 08.03.2006 in his letter SE/CEDC/S/DFC/AAO/HT/AS/A3/HT SC No. 225/D135/06 received by the petitioner on 10.03.2006 quash the same in so far as the levy of BPSC charges a sum of Rs.1,92,416.80 and to direct the respondents to permit the petitioner to pay in ten equal instalments for the peak hours charges for the period from 10/2002 to 16.03.2003 a sum of Rs.3,46,084.80.

(2.) The short facts which are necessary for dismissal of the case and as culled out from the affidavit are set out below:

(3.) The main contention of the writ petitioner is that in W.A.M.P. No. 3021 of 2004, the Division Bench of this Court has not granted any interim stay for the period beyond 15.03.2003 and by the impugned order, the third respondent has demanded for the Belated Payment Surcharge for the period from 11/2002 to 16.03.2003 and hence the impugned order of the third respondent is highly arbitrary and illegal in so far as the levy of Belated Payment Surcharge is concerned.