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2025 DAILYLAW 181084 (MAD)

GOVAAN STEEL (P) LTD. v. TAMILNADU ELECTRICITY REGULATORY

WP/25106/2023 · 2025-10-23

M Dhandapani

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.25106 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.10.2025 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.25106 of 2023 and W.M.P.Nos.24535 and 24536 of 2023 Govaan Steel (P) Ltd., S.F.No.544/1, 2, 3, Sengalipalayam Pirivu, Chinnakanur (Po), Kanur Village, Annur-641 655 - 600 035, Rep.by its Authorized Signature, U.Ramamurthi ... Petitioner Vs. 1.Tamil Nadu Electricity Regulatory Commission, Repd. By its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai-600 008. 2.The Chairman, TANGEDCO, 144, Anna Salai, Chennai-600 032. 3.The Director Finance, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai-600 002. _________ https://www.mhc.tn.gov.in/judis W.P.No.25106 of 2023 4.The Superintending Engineer, Tiruppur Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Tiruppur. 5.The Accounts Officer/Revenue, Tiruppur Electricity Distribution Circle Office, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Tiruppur. ....Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the fourth respondent's impugned demand notice bearing f/vz;/nkghbgh-jpkpgt-jpU-Jepf-fm-tU-fnk-ckpmgp-f/nfhtd; m/vz;/1484-2023 dated 17.05.2023 and consequent notice bearing f/vz;/nkghbgh-jpkpgt-jpU-Jepf-fm-tU-fnk-ckpmgp-f/nfhtd; m/vz;/2348-2023 dated 21.07.2023 issued by the fourth respondent herein and consequent impugned CC bill dated 07.08.2023 insofar as it relates to Serial No.21 'Adjustment Charges (Affecting)' alone issued by the fifth respondent, quash the same as arbitrary, illegal and against the orders passed by 1st respondent TNERC, Section 56(2) of the Electricity Act, 2003 and the applicable regulations and also violative of Article 14 of the Constitution of _________ https://www.mhc.tn.gov.in/judis W.P.No.25106 of 2023 India and consequently, direct the fourth respondent to refund the excessively held deposit of Rs.5,16,04,472/- to the petitioner, as mandated by Clause 5(5)(v) of the Tamil Nadu Electricity Supply Code, 2004. For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.L.Jaivenkatesh Standing Counsel for TNEB O R D E R This Writ Petition has been filed challenging the impugned demand notice issued by the fourth respondent bearing f/vz;/nkghbgh- jpkpgt-jpU-Jepf-fm-tU-fnk-ckpmgp-f/nfhtd; m/vz;/1484- 2023 dated 17.05.2023 and consequent notice bearing f/vz;/nkghbgh- jpkpgt-jpU-Jepf-fm-tU-fnk-ckpmgp-f/nfhtd; m/vz;/2348- 2023 dated 21.07.2023 issued by the fourth respondent herein and consequential impugned CC bill dated 07.08.2023 insofar as it relates to Serial No.21 'Adjustment Charges (Affecting)' alone issued by the fifth respondent and quash the same as illegal and against the orders passed by the 1st respondent, Section 56(2) of the Electricity Act, 2003 and the applicable regulations and also violative of Article 14 of the Constitution of _________ https://www.mhc.tn.gov.in/judis W.P.No.25106 of 2023 India and consequently, direct the fourth respondent to refund the excessively held deposit of Rs.5,16,04,472/- to the petitioner, as mandated by Clause 5(5)(v) of the Tamil Nadu Electricity Supply Code, 2004. 2. The facts of the case are that the petitioner is running a Industry having acquired high tension electricity supply. Initially, the fourth respondent issued a demand notice dated 12.04.2016 for a sum of Rs.17,18,46,880/- based on some audit slips and the same was challenged before this Court and interim order was obtained by the petitioner. Subsequently, the demand notice was set aside and the matter was remanded back to the respondents for fresh consideration. The petitioner replied to the show cause notice for the revision of CC Bills and audit penalty which was already settled by the first respondent and the alleged incorrect adjustment of wind energy during power holidays is illegal. The petitioner, in fact, appeared before the third respondent and submitted his written representation, based on which, the fourth respondent has closed the audit penalty. Again, in the year 2023, a demand notice was issued on 17.05.2023 _________ https://www.mhc.tn.gov.in/judis W.P.No.25106 of 2023 reopening the earlier audit penalty for the period of 2012-2013. Challenging the same, the present writ petition has been filed. 3. The learned counsel appearing for the petitioner submits that the petitioner is having an effective appeal remedy before the Tamil Nadu Electricity Regulatory Commission. 4. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents. 5. In view of the above submission made by the learned counsel appearing for the petitioner, this Court, without interfering with the impugned proceedings, grants liberty to approach the Tamil Nadu Electricity Regulatory Commission in the manner known to law. _________ https://www.mhc.tn.gov.in/judis W.P.No.25106 of 2023 6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Connected miscellaneous petitions are closed. 23.10.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb To 1.Tamil Nadu Electricity Regulatory Commission, Repd. By its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai-600 008. 2.The Chairman, TANGEDCO, 144, Anna Salai, Chennai-600 032. 3.The Director Finance, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai-600 002. 4.The Superintending Engineer, Tiruppur Electricity Distribution Circle, _________ https://www.mhc.tn.gov.in/judis W.P.No.25106 of 2023 Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Tiruppur. 5.The Accounts Officer/Revenue, Tiruppur Electricity Distribution Circle Office, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Tiruppur. _________ https://www.mhc.tn.gov.in/judis W.P.No.25106 of 2023 M.DHANDAPANI, J. ssb W.P.No.25106 of 2023 23.10.2025 _________ https://www.mhc.tn.gov.in/judis