M/S Sree Rengaraar Steel v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.13458 & 13459 of 2012 and M.P.Nos.1, 1, 2 & 2 of 2012 1.M/S Sree Rengaraaj Steel & Alloys Limited H.T.Sc.No.136, 36/3-4 Trichy Bye Pass Road, Ammani Kondalampatty, Salem 636010 Rep. By Its Director, P.Srinivasan.

... Petitioner in W.P.No.13458/2012.

2.M/S Sri Venkateswara Steel Industries H.T.Sc.No.84, P.B.No.272, 50-A, Sankagiri Main Road, Nethimedu, Salem-636002, Rep. By Its Partner, P.Sivakumar ... Petitioner in W.P.No.13459/2012.

Vs.

1. The State Of Tamil Nadu Rep. By Its Secretary, Energy Department, Fort St.George, Chennai 600009.

2. The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai- 600002.

3. M/S. Sree Rengaraj Ispat Industries (P) Ltd., Plot No.MM-1, 2 & 5, Sipcot Industrial Growth Centre, Perundurai Post, 638 052, Erode District.

4. Tamil Nadu Electricity Regulatory Commssion, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai 600 008 Rep. By Its Secretary

5. The Superintending Engineer TANGEDCO, Salem Electricity Distribution Circle, Tamil Nadu Electricty Board, Salem.

... Respondents in both WPs COMMON PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Declaration, declaring para 5.22.3 of Order No.2 dt.15.5.06 under which the 5th respondent is levying and collecting Backup Power charges/outage charges from the petitioner who is a direct consumer of the 5th respondent as illegal, arbitrary and unconstitutional and consequently direct the 5th respondent to refund or adjust the amounts collected under the said head.

In both WPs For Petitioner : Mr.S.P.Parthasarthy for Mr.K.Seshadri For Respondents: Mrs. N.Senthil Selvi [R1] Government Advocate.

Mr.L.Jai Venkatesh [R2 & R5] TANGEDCO No Appearance [R3 ] M/s S.Chockalingam [R4] C O M M O N O R D E R (Through Video Conferencing) The learned counsel appearing on behalf of the petitioners through Video Conferencing Mode made a submission that the prayer sought for in these Writ Petitions has become infructuous.

2. Recording the aforesaid submission of the learned counsel for the petitioners, these Writ Petitions stand disposed of as infructuous. However, there shall be no order as to costs. Consequently the connected Miscellaneous Petitions are also closed.

Sd/- Assistant Registrar(CS-V) //True copy// Sub Assistant Registrar shr/ska

To

1. The State Of Tamil Nadu Rep. By Its Secretary, Energy Department, Fort St.George, Chennai 600009.

2. The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai- 600002.

3. Tamil Nadu Electricity Regulatory Commssion, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai 600 008 Rep. By Its Secretary

4. The Superintending Engineer TANGEDCO, Salem Electricity Distribution Circle, Tamil Nadu Electricty Board, Salem.

+1cc to Government Pleader SR.No.6820 W.P.No.13458 & 13459 of 2012 and M.P.Nos.1, 1, 2 & 2 of 2012 PP(CO) GMY(11/02/2022)