M/S.N.S.P.Knitting Mills, v. The Tamil Nadu Generation And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2017
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.No.510 of 2017 and W.M.P.Nos.538 & 539 of 2017 M/s.N.S.P.Knitting Mills rep. by its Authorised Signatory M.Palmurugan ... Petitioner Vs.
1. Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Rep. By its Chairman & Managing Director, No.144, Anna Salai, Chennai 600 002.
2. The Executive Engineer / O & M, TANGEDCO, Dharapuram Electricity Distribution Circle, Dharapuram 638 659.
3. The Superintending Engineer, TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.
4. The Superintending Engineer, TNGEDCO, Theni Electricity Distribution Circle, Theni.
5. The Superintending Engineer, TANGEDCO, Tiruppur Electricity Distribution Circle, Tiruppur.
6. Tamil Nadu Electricity Regulatory Commission, Rep. by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai 600 008. ... Respondents Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for
the records of the impugned Lr.No.EE/O&M/DPM/TA/F.WFG No.D.No:/16-17 dated 22.09.2016 issued by the 2nd Respondent and Lr.No.SE/TEDC/TNI/EE/GL/AEE/G1/AE/GL/F DCW SAN/16-17D No.9891/2016 dated 31.10.2016 issued by the 4th Respondent quash the same and consequently direct the respondents to strictly comply with the order dated 31.03.2016 passed by the Hon'ble TNERC in M.P.No.34 of 2014 and permit the petitioner to procure its own ABT Compliant Meters, as per the directions of the 6th Respondent.
For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.S.K.Rameshwar
O R D E R
Challenging the order dated 22.09.2016 passed by the second respondent and the order dated 31.10.2016 passed by the fourth respondent and for a consequential direction to the respondents to comply with the order dated 31.03.2016 passed by the Tamil Nadu Electricity Regulatory Commission in M.P.No.34 of 2014, the present writ petition has been filed.
2.Heard the learned counsel appearing for the petitioner and the learned counsel for the respondents.
3.Pursuant to the impugned order passed, a circular has been issued by the Director/Generation, TANGEDCO dated 04.05.2017. Learned counsel appearing for the petitioner would submit that the said circular is in consonance with the direction of the Regulatory Commission. However, the learned counsel submits that in view of the pendency of the writ petition, the petitioner's request for procurement of metering set and meter, as per the circular, has not been considered. Learned counsel has also produced a letter dated 22.05.2017 issued by the Superintending Engineer to the petitioner in this regard.
4.In view of the aforesaid circular, nothing survives for adjudication. Accordingly, the writ petition stands disposed of with a direction that the respondents will have to comply with the circular dated 04.05.2017 in its letter and spirit. No costs.Consequently,connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mmi
To
1. The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), No.144, Anna Salai, Chennai 600 002.
2. The Executive Engineer / O & M, TANGEDCO, Dharapuram Electricity Distribution Circle, Dharapuram 638 659.
3. The Superintending Engineer, TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.
4. The Superintending Engineer, TNGEDCO, Theni Electricity Distribution Circle, Theni.
5. The Superintending Engineer, TANGEDCO, Tiruppur Electricity Distribution Circle, Tiruppur.
6. The Secretary, Tamil Nadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai 600 008.
+1cc to Mr.R.S.Pandiyaraj, Advocate, S.R.No.41689 +1cc to Mr.S.K.Rameshwar, Advocate, S.R.No.42034 W.P.No.510 of 2017 NRJK(CO) CA(23/06/2017)