Govaan Steel (P) Ltd., v. Tamil Nadu Electricity
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.01.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.20661 of 2015 and M.P.No.1 of 2015 Govaan Steel (P) Ltd., HTSC No.229, S.F.No.544/1,2,3, Sengalipalayam Pirivu, Chinnakanur (Po), Kanur Village, Annur - 641 655, Rep. by its Authorised Signatory G.Sekar. ... Petitioner Vs 1.Tamil Nadu Electricity Regulatory Commission repd.by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road) Egmore, Chennai -600 008.
2.The Chairman, TANGEDCO, 144, Anna Salai, Chennai - 600 002.
3.The Chief Engineer, Non Conventional Energy Sources, TANGEDCO, 144, Anna Salai, Chennai - 600 002.
4.The Superintending Engineer, TANGEDCO, Tamilnadu Generation and Distribution Corporation Limited, Tiruppur Electricity Distribution Circle / North, Tiruppur.
... Respondents
PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records of the 4th respondent's impugned demand notice Lr.No.SE/TEDC/TPR/DFC/AO/R/F.AUDIT/M/s.Govaan Steels/D3017/15 dated 23.06.2015, quash the same as arbitrary, illegal and against the orders passed by the first respondent in D.R.P.No.19 of 2013 dated 19.01.2015 and the applicable regulations and also violative of Article 14 of the Constitution of India. For Petitioner : Mr.M.Saravanakumar For Respondents : R1 - No appearance R2 to R4 - Mr.M.Abdul Kalaam Standing counsel [For TANGEDCO]
ORDER
The learned counsel for the petitioner made a submission that the issue raised was decided in favour of the petitioner by the Tamil Nadu Electricity Regulatory Commission, which was upheld by the Appellate Tribunal also.
2. However, the Board took the matter before the Apex Court of India and Civil Appeal No.15618 of 2017 is now pending before the Hon'ble Supreme Court of India. Thus, the issue raised in the writ petition is subject to the final disposal of the Civil Appeal pending before the Hon'ble Supreme Court of India and the orders to be passed will be extended to the petitioner is also similarly placed. The orders including the interim orders passed by the Hon'ble Supreme Court of India is to be extended to the petitioner.
3. Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-IX) // True Copy // Sub Assistant Registrar
gsk To 1.The Secretary, Tamil Nadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road) Egmore, Chennai -600 008.
2.The Chairman, TANGEDCO, 144, Anna Salai, Chennai - 600 002.
3.The Chief Engineer, Non Conventional Energy Sources, TANGEDCO, 144, Anna Salai, Chennai - 600 002.
4.The Superintending Engineer, TANGEDCO, Tamilnadu Generation and Distribution Corporation Limited, Tiruppur Electricity Distribution Circle / North, Tiruppur.
+1cc to Mr.R.S.Pandiyaraj, Advocate SR.No.2815 W.P.No.20661 of 2015 and M.P.No.1 of 2015 PM(CO) CB(31/01/2022)