SDS Steels (P) Ltd. vs The Tamil Nadu Electricity Regulatory Commission and The Tamil Nadu Electricity Board

M. Jaichandren, J.—Heard the learned Counsel appearing for the petitioner and the learned Counsel appearing for the respondents.

This writ petition has been filed praying for a writ of Certiorarified Mandamus to call for and quash the notice issued by the third respondent,

with regard to the levying of penalty, for exceeding the quota during evening peak hours. The main grievance of the petitioner is that no opportunity

of hearing had been afforded to the petitioner, by the third respondent, before the impugned notice had been issued. Even though, this Court had,

passed earlier orders, with regard to levying of penalty for exceeding the quota during evening peak hours, wherein the respondent Tamil Nadu

Electricity Board had been permitted to issue fresh notice to the petitioner therein and to give them an opportunity of hearing, no such opportunity

of hearing had been given to the petitioner in the present case, before the impugned notice had been issued.

In such circumstances, the impugned notice, dated 18.1.2010, issued by the third respondent is set aside and the petitioner is permitted to issue

fresh notice and to afford an opportunity of hearing to the petitioner, before passing final orders, with regard to levying of peak hour penalty, for

exceeding the quota during the evening peak hours.

Accordingly, this writ petition is disposed of, with the above directions. No costs. Consequently, connected miscellaneous petition is closed.