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Showing contexts for: tnerc in The Superintending Engineer vs M/S.Jothees Trading Corporation on 23 June, 2023Matching Fragments
3.The papers in this regard having been scrutinized the appellant had come forward to communicate to the 1st respondent to comply with certain more conditions, which also had been complied with.
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4.At this juncture, despite such compliance, the appellant seems to have insisted upon to get a No Objection Certificate from the erstwhile partners or partners of the company otherwise to file indemnity bond by making double the payment of the security deposit. In this context, the said demand made by the appellant was not in consonance with the TNERC Distribution Code as well as it is against the practice hitherto being adopted by the appellant in respect of extending service connection.
(Rupees Twenty Four Lakhs Eighty Thousand and Five Hundred Only) to the writ petitioner within a period of four weeks.
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6.Assailing the said order passed by the learned Single Judge, the learned Standing Counsel for the appellant submitted that the said direction issued by the learned Single Judge in the impugned order is against Clause 34 of TNERC Distribution Code. Therefore, on that ground, the order impugned can be successfully assailed, he contended.
2.On the basis of these documents, the appellant TANGEDCO had written a letter dated 21.07.2011 to the 2nd respondent, who had objected for extension of service connection to the 1st respondent Company that had also been replied. Thereafter, the appellant TANGEDCO, by a letter dated 12.09.2011 had stated to the 1st respondent that in view of the subsequent documents filed by the 1st respondent, a letter had been issued to the 2nd respondent for producing the latest document. However, he has not come forward to produce any latest documents. Therefore, as per Clause 27(4) of TNERC Distribution Code, the Co-Directors' / Owners' consent must be required for further proceedings on application or undertaking to be obtained in Rs.80/- stamped paper as in Form 6 of TNERC Distribution Code along with the security Deposit twice the https://www.mhc.tn.gov.in/judis normal rate from the prospective consumer.
5.In view of the same, Clause 34 of TNERC Distribution Code as sought to be implemented or invoked against the 1st respondent by the appellant may not be justifiable. Thereafter, to that extent, the reason given by the learned Single Judge through the impugned order passed by the Writ Court is to be fully justified. Therefore, we are of the view that this Writ Appeal has to fail.