Case Note & Summary
The present intra-court appeals were instituted by the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) challenging a common writ order dated 31.01.2022 in W.P.Nos.29944 & 29947 of 2019. The first respondent, a farmers' association, had preferred the writ petitions challenging an order dated 12.06.2019 issued by the Superintendent Engineer declining their request for refund of Current Consumption charges. The writ court, after adjudication, formed an opinion that the authorities had to consider the grounds raised by the petitioner in their affidavit. Thus, the matter was remanded back to the Board to consider the representation and pass appropriate orders on merits. The appellant contended that the first respondent was not eligible for refund and reasons were stated in the proceedings dated 12.06.2019. The court observed that since the matter had been remanded back to the Board for fresh consideration, there was no impediment for the authorities to consider the issues afresh if any representation was submitted by the first respondent and pass appropriate orders on merits and in accordance with law. With these observations, the court dismissed the appeals, confirming the remand order.
Headnote
A) Electricity Law - Refund of Current Consumption Charges - Remand for Fresh Consideration - The appellant challenged a writ court order remanding the matter to the Board for consideration of the respondent's representation for refund of current consumption charges - The court held that since the matter was remanded for fresh consideration, there was no impediment for the authorities to consider the issues afresh - The appeals were dismissed as no interference was warranted (Paras 1-6).
Issue of Consideration
Whether the writ court erred in remanding the matter to the Board for fresh consideration of the refund claim.
Final Decision
The appeals were dismissed. The court held that since the matter has been remanded back to the Board for fresh consideration, there is no impediment for the authorities to consider the issues afresh if any representation is submitted by the 1st respondent and pass appropriate orders on merits and in accordance with law.
Law Points
- Remand for fresh consideration
- No interference with remand order
- Opportunity to submit representation
