AI Structured Summary
Not yet generated for this judgment
Judgment
P. Jyothimani, J.—The issue involved in this case is covered by an order of this Court made in a batch of Writ Petitions in W.P.
(MD)Nos.1788 of 2010 etc., dated 01.07.2010, in which, this Court, by following the earlier order passed in a batch of Writ Petitions in W.P.
Nos. 10231 of 2010 etc., dated 18.05.2010, wherein it has been observed as follows:
In view of the above discussions made, an irresistible conclusion that could be arrived at are:
(i) The first Respondent, the Tamil Nadu Electricity Regulatory Commission had clarified by an order dated 04.05.2010 that the Tamil Nadu
Electricity Board has got the power to levy the penalty for exceeding evening peak hour quota and hence, the remedy of the Petitioners lies in filing
an appeal before the appellate Tribunal for electricity as per Section 111 of the Electricity Act, 2003.
(ii) When such an alternative remedy is available to the Petitioners, the Petitioners cannot approach this Court by filing the present writ petitions
under Article 226 of the Constitution of India.
(iii) The order of the Commission will bind all the parties concerned, since it is only a clarification made by the Commission on its earlier order
made in M.P. No. 42 of 2008 at the instance of this Court. Hence, the Petitioners cannot be heard to say that it was not a party to the said order.
(iv) Since the Petitioners were prosecuting the matter before this Court, against the order of demand made by the third Respondent, the Petitioners
will have 15 days time to approach the appellate authority challenging the said demand.
(v) However, since it has been submitted that a sum of Rupees Four Hundred Crores is due to the Electricity Board by the Petitioners like, the
Petitioners are directed to deposit with the third Respondent, 30% of the amount demanded, within one week from the date of receipt of this
order. If such amount is paid within the aforesaid period, the third Respondent or other Respondents shall not enforce the demand, for a period of
three weeks from the date of receipt of this order.
The Writ Petition stands disposed of as per the terms of the said order. Pursuant to the impugned order, if the Petitioner has made any payment
to the Respondents Board, it is for him to work out his remedy in the manner known to law, by filing an appropriate appeal. However, there shall
be no order as to costs. Consequently, connected miscellaneous petition stands closed.