LAWS(MAD)-2008-12-477

RUBY CHLORATES PVT LTD REP BY ITS MANAGING DIRECTOR MR D BASKARAN Vs. SECRETARY TO GOVERNMENT, ENERGY DEPARTMENT,; CHAIRMAN, TAMILNADU ELECTRICITY BOARD,; CHIEF ENGINEER, TAMILNADU ELECTRICITY BOARD, DISTRIBUTION AND THE SUPERINTENDING ENGINEER, TAMILNADU ELECTRICITY BOARD

Decided On December 23, 2008
Ruby Chlorates Pvt Ltd Rep By Its Managing Director Mr D Baskaran Appellant
V/S
Secretary To Government, Energy Department,; Chairman, Tamilnadu Electricity Board,; Chief Engineer, Tamilnadu Electricity Board, Distribution And The Superintending Engineer, Tamilnadu Electricity Board Respondents

JUDGEMENT

(1.) This writ petition has been filed to issue a writ of mandamus to direct the Respondents to enhance the Demand Quota of 174.6 KVA to Base Demand of 291 KVA for Permitted Maximum Demand (PMD) for the petitioner and direct the respondents to reschedule the PMD Charges only for 15 days instead of one month till the power crisis is over and consequently to direct the respondents to not to charge peak hours penalty charges and the PMD Charges @ Rs. 300/- for the original permitted maximum demand of 340 KVA or for demand quota of 174.6 KVA from the Petitioner in HT Service connection No. 162.

(2.) Heard the learned Counsel for the petitioner, and Mr. D.Sasikumar, learned Government Advocate, who took notice on behalf of the 1st respondent and also Mr. M.Suresh Kumar, learned Counsel, who took notice on behalf of the respondents 2 to 4.

(3.) The grievance of the petitioner as aired by the learned Counsel for the petitioner is to the effect that even though the petitioner is entitled to avail base demand of 290 KVA, yet by way of rationing after a cut of 40%, 174.6 KVA is alone given. The learned Counsel for the petitioner would further submit that once the industry is switched on, certainly the unit starts running and it virtually exceeds 290 KVA. In such a case they have been made to pay a penalty of 300 times. In other words, if they had consume electricity for Rs. 1,00,000/-, they will be charged with Rs. 4,00,000/-. Hence, he wants to restrain the respondents from collecting PMD Charges till the representation of the petitioner is considered by the respondents.