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Madras High CourtWP/17366/2009dismissed as infructuous

M/S.Santhosh Textiles Process v. Tamilnadu Electricity Board

2023-01-04Honourable Dr Justice Anita Sumanth6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 12.01.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.Nos.17366, 17398, 8679 & 8980 of 2009 and M.P.Nos.1, 1 & 1 of 2009 M/s.Santhosh Textiles Process Rep by its Partner C.Udhaya Sankar S/o. Chelliah Pillai S.F.No.165, Santhosh Garden, Kulathuputhur, Andipalayam Post, ... Petitioner in W.P.No.17366 of 2009 M/s.Shri Santhosh Meenakshi Textiles Private Ltd Rep by its Managing Director C.Udhaya Sankar S/o. Chelliah Pillai No.12/5, Thekkalur, Avinashi Taluk, Coimbatore.

... Petitioner in W.P.No.17398 of 2009 M/s.Amarjothi Spinning Mills Ltd (Dyeing Unit) Rep by its Chairman N.Rajan S/o.C.R.Narayanasamy Plot No.E7 to E9, G11 to G13, SIPCOT Industrial Growth Center Perumdurai, Erode 638 052.

... Petitioner in W.P.No.8979 & 8980 of 2009 Vs

2.The Superintending Engineer Tiruppur Electricity Distribution Circle, 3.The Superintending Engineer, Coimbatore Electricity Distribution Circle South Tatabad, Coimbatore.

... Respondents in W.P.No.17366 of 2009 2.The Superintending Engineer, Coimbatore Electricity Distribution Circle South Tatabad, Coimbatore.

... Respondents in W.P.No.17398 of 2009 2.The Superintending Engineer Erode Electricity Distribution Circle, Erode 638 009.

3.The Superintending Engineer, Tirunelveli - 627 011.

... Respondents in W.P.No.8979 of 2009 2.The Superintending Engineer No.36, Kutchery Street, Gobi Electricity Distribution Circle, Gobichettypalayam.

3.The Superintending Engineer, Udumalpet Electricity Distribution Circle, Udumalpet.

4.The Superintending Engineer,

Tirunelveli - 627 011.

... Respondents in W.P.No.8980 of 2009 Prayer in W.P.No.17366 of 2009: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the records relating to the proceedings made in Lr.No.SE/TEDC/TPR/AO/Rev/F.R & C/D/09 dated 14.06.2009 and consequential order made in Lr.No.SE/TEDC/TPR/AAO/A/HT Section/HT SC No. /D. /09 dated 25.07.2009 passed by the 2nd respondent and quash the same and consequently direct the 2nd respondent to provide uninterrupted electricity supply to the petitioner mill situated at S.F.No.165, Santhosh Garden, Kulathuputhur, Andipalayam post Tiruppur.

Prayer in W.P.No.17398 of 2009: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the records relating to the proceedings made in Lr.No.SE/CEDC/S/CBE/DFC/AO/Rev/HT/F.R&C/D.No.09/ dated 14.06.2009 and consequential order made in Lr. No.SE / CEDC /S/ CBE /AEE.GL/ AE2 / F.R&C/HTSC/D.1000/09/ dated 25.07.2009 passed by the 2nd respondent and quash the same and consequently direct the 2nd respondent to provide uninterrupted electricity supply to the petitioner mill situated at No.12/5, Thekkalur, Avinashi Taluk, Coimbatore.

Prayer in W.P.No.8979 of 2009: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the records relating to the proceedings dated 08.10.2008 made in Lr.No.SE/EEDC/ERD/AEE/DEV/AE/GL/DM2/FLS/D418/08 passed by the 2nd respondent and quash the same and consequently direct the respondents to provide uninterrupted electricity supply to the petitioner mill situated at plot No.E7 to E9, G11 to G13, SIPCOT Industrial Growth Center, Perundurai, Erode 638 052 in terms of the agreements executed between the parties in respect of wind mill energy.

Prayer in W.P.No.8980 of 2009: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the records relating to the proceedings dated 01.11.2008 made in Lr.No.SE/EEDC/AEE/DEV/AE/G/DM2/F.HT QUOTA/D.478/2008 passed by the 2nd respondent and quash the same and consequently direct the respondents to provide uninterrupted electricity supply to the petitioner mill situated at plot No.E7 to E9, G11 to G13, SIPCOT Industrial Growth Center, Perundurai,

Erode 638 052 in terms of the agreements executed between the parties in respect of wind mill energy.

For Petitioners : Mr.G.Ethirajulu (In all WPs) For Respondents : Ms.Keerthana Shenoi for Mr.L.Jai Venkatesh Standing Counsel (W.P.Nos.17366 & 17398 of 2009) Mr.I.Syed Sibghatulla Standing Counsel (W.P.Nos.8979 & 8980 of 2009) COMMON ORDER These matters were dismissed on 04.01.2023 as infructuous recording the submission of learned Standing Counsel for the respondents who had appeared on 04.01.2023 to such effect. However, as learned counsel had omitted to make an endorsement to that effect, they are listed again today, when Mr.G.Ethirajulu, learned counsel for the petitioner makes an endorsement for withdrawal.

2.Recording the above, these writ petitions are dismissed as infructuous. No costs. Connected miscellaneous petitions are closed. 12.01.2023 vs Index : Yes / No Speaking Order

To 2.The Superintending Engineer Tiruppur Electricity Distribution Circle, 3.The Superintending Engineer, Coimbatore Electricity Distribution Circle South Tatabad, Coimbatore.

4.The Superintending Engineer Erode Electricity Distribution Circle, Erode 638 009.

5.The Superintending Engineer, Tamilnadu Electricity Board, Tirunelveli - 627 011. 6.The Superintending Engineer No.36, Kutchery Street, Gobi Electricity Distribution Circle, Gobichettypalayam.

7.The Superintending Engineer, Udumalpet Electricity Distribution Circle, Udumalpet.

Dr.ANITA SUMANTH, J.

vs W.P.Nos.17366, 17398, 8679 & 8980 of 2009 and M.P.Nos.1, 1 & 1 of 2009 12.01.2023