(1.) The writ petition has been filed challenging the demand made by the third respondent dated May 2010 in so far as it relates to levy of penalty for exceeding quota during evening peak hours alleging that the same is illegal, arbitrary and without the authority of law.
(2.) The case of the petitioner is that it is involved in the manufacture of cotton yarn, having High Tension Electricity Supply in H.T.S.C. No.466 within the jurisdiction of the third respondent. Violating the order made in M.P.No.42 of 2008 dated 28.11.2008, the third respondent issued a demand for payment of penal charges for exceeding the evening peak hour quota. The petitioner filed a writ petition before this Court in W.P. No.1474 of 2010, challenging the said demand. By its order, this Court had set aside the said notice and directed the third respondent to pass fresh orders after giving due notice and personal hearing to the petitioner. Pursuant to the said order, the third respondent issued a show cause notice dated 9/3/2010 to the petitioner, to which the petitioner sent a reply on 31/3/2010 requesting the third respondent to furnish details regarding the basis on which the charges were levied in the earlier demand notice dated 13/1/2010 and the show cause notice dated 9/3/2010 and also requested for furnishing details regarding the alleged data of the meter downloaded from the petitioner's service connection.
(3.) In the mean while, the High Court has transferred the writ petitions to the Tamil Nadu Electricity Regulatory Commission and thereafter, the Commission passed an order dated 04.05.2010 clarifying that the consumption of demand and energy quota in excess over the quota is liable to be charged at the rate mentioned in Para 29 of the earlier order made in M.P.No.42 of 2008 dated 28.11.2008, irrespective of the fact whether the excess is recorded during the non-peak hour or evening peak hour. This was pointed out by the learned counsel appearing for the Tamil Nadu Electricity Board.