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Madras High CourtWP/20447/2011closed

The Madras Aluminium Co.Ltd., v. State Of Tamilnadu

2021-03-01Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.20447 of 2011 and M.P.Nos.1, 2 and 3 of 2011 The Madras Aluminium Co Limited, Mettur R.S., Mettur Dam, Salem District - 636 402.

... Petitioner Vs.

1.The State of Tamilnadu, Represented by its Secretary, Energy Department, Fort St. George, Chennai 600 009.

2.The Tamilnadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai 600 002.

3.The Tamil Nadu Electricity Regulatory Commission, 19A, Rukmini Lakshmipathy Salai, Egmore, Chennai - 08.

4.M/s.Ind-Barath Power Gencom Limited, New No.20, Old No.129, Chamiers Road, Nandanam, Chennai 600 035.

5.M/s.OPG Power Generation Private Limited, 117, P.S.Sivasami Salai, St.Ebba's Avenue, Mylapore, Chennai 600 004.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus, to call for the records of the 3rd respondent comprised in its impugned orders in P.P.A.P.No.5/11 dated 11.07.2011 and quash the same and direct the 3rd respondent to take up the said P.P.A.P.No.5/2011 filed by the 2nd respondent and dispose off the same on merits in a time bound manner after hearing the parties and fix the maximum ceiling of tariff for purchase of electricity in pursuance of an agreement between the generating companies located in Tamil Nadu totalling a quantity of 600 MW for the period June 2011 to May 2012 by following the

provisions S.62 and the guidelines set out in S.61 of the Electricity Act, 2003 in consonance with the Tariff Regulations framed pursuant thereto by the TNERC.

For Petitioner : Mr.Rahul Balaji For Respondents: Mr.N.Inbanathan Additional Government Pleader for R1 Mr.N.Dhamodharan for R2 Mr.S.Chockalingam for R3 No appearance for R4 & R5

O R D E R

When this matter was taken up for hearing, the learned counsel for the respondents submits that this writ petition has become infructuous in the light of the order passed by TNERC namely the 3rd Respondent vide letter dated 11.07.2011 in P.P.A.P.No.5/11.

2.Recording the same, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar jas To 1.The Secretary, State of Tamilnadu, Energy Department, Fort St. George, Chennai 600 009.

2.The Tamilnadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai 600 002.

3.The Tamil Nadu Electricity Regulatory Commission, 19A, Rukmini Lakshmipathy Salai, Egmore, Chennai - 08.

4.M/s.Ind-Barath Power Gencom Limited, New No.20, Old No.129, Chamiers Road, Nandanam, Chennai 600 035.

5.M/s.OPG Power Generation Private Limited, 117, P.S.Sivasami Salai, St.Ebba's Avenue, Mylapore, Chennai 600 004.

+1cc to the Government Pleader Sr.12810 W.P.No.20447 of 2011 and M.P.Nos.1, 2 and 3 of 2011 sky[co] srg 17/03/2021