NAZAR INTERNATIONAL PVT LTD Vs. TAMIL NADU ELECTRICITY REGULATORY COMMISSION
LAWS(MAD)-2010-2-448
HIGH COURT OF MADRAS
Decided on February 08,2010

NAZAR INTERNATIONAL PVT. LTD. Appellant
VERSUS
TAMIL NADU ELECTRICITY REGULATORY COMMISSION Respondents

JUDGEMENT

- (1.) THIS writ petition has been filed praying for a writ of certiorari to call for and quash the impugned notice issued by the third respondent, dated 21.1.2010. The main contention of the learned counsel appearing on behalf of the petitioner is that the third respondent had issued the impugned notice, without giving an opportunity of hearing to the petitioner. Further, the impugned notice had been issued contrary to the directions issued by the Tamil Nadu Electricity Regulatory Commission, the first respondent herein.
(2.) THE learned counsel appearing on behalf of the second and the third respondents had submitted that the impugned notice, dated 21.1.2010, issued by the third respondent is only a show cause notice asking the petitioner to show cause within 15 days from the date of receipt of the notice, as to why excess levy should not be imposed on the petitioner in respect of HT service connection. However, Mr.A.Selvendran, the learned counsel appearing on behalf of the second respondent and Mr.P.Srinivas, the learned counsel appearing on behalf of the third respondent, have no objection with regard to the granting of time to the petitioner, to make his objections, within a period of fifteen days from today. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned and on a perusal of the records available, it is seen that the impugned notice, dated 21.1.2010, issued by the third respondent, is only a show cause notice giving an opportunity to the petitioner. In such circumstances, this Court is not inclined to set aside the impugned notice, dated 21.1.2010, issued by the third respondent. However, the petitioner is permitted to raise all available objections, including the grounds raised in the present writ petition, before the third respondent, within ten days from the date of receipt of a copy of this order, if such objections are raised by the petitioner, the third respondent shall consider the same and pass appropriate orders thereon, on merits and in accordance with law, as expeditiously as possible. The writ petition is disposed of with the above directions. No costs.;


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