KADERI AMBAL MILLS LTD Vs. CHAIRMAN TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) WITH the consent of the learned counsel appearing on either side, the Writ Petition itself is taken up for final disposal.

(2.) THE prayer in the Writ Petition is for issuance of a writ of certiorarified mandamus to quash the proceedings of the second respondent dated 14.2.2001, in so far as it relates to the demand/levy of surcharge at the rate of 2.5% or 3% per month and direct the third respondent to refund the sum of Rs.60,759/- collected from the petitioner.

(3.) THE learned counsel for the petitioner submits that the condition contained in B.P.22 providing for collection of surcharge at the rate of 2.5% per mensum on the amount due for one month is excessive and unreasonable and made without proper exercise of power. It is further contended that the collection of earnest money deposit under clause 14 of the terms and conditions of supply and additional current consumption deposit under clause 15 has not been taken into consideration while passing the impugned Board proceedings. At any rate, the levy of surcharge at the rate of 2.5% and 3% per month for entire month is high arbitrary and unreasonable. On the above grounds, the learned counsel for the petitioner would submit that the condition imposed in the impugned proceedings deserves to be set aside.