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Madras High CourtWP/21928/2017withdrawn dismissed

M/S.R.R.B Energy Ltd, v. The Chairman

2018-09-06Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE R.MAHADEVAN W.P.No.21928 of 2017 and W.M.P.Nos.22972 to 22974 of 2017 M/s.R.R.B.Energy Limited, HTSC No.684, Corporate Office cum Works, 185/2, Bypass Road, Poonamallee, Chennai 600 056, Rep by its Vice President Operations Mr.P.C.Ramachandran ... Petitioner Vs 1.The Chairman and Managing Director, Corporation Limited, 144, Anna Salai, Chennai 600 002.

2.The Director Finance, Corporation Limited, 144, Anna Salai, Chennai 600 002.

3.The Chief Financial Controller, Corporation Limited, 144, Anna Salai, Chennai 600 002.

4.The Superintending Engineer, TANGEDCO, Chennai Electricity Distribution Circle/South, Chennai.

5.The Superintending Engineer, TANGEDCO, Thirunelveli Electricity Distribution Circle, Thirunelveli.

6.The Tamil Nadu Electricity Regulatory Commission, Rep by its Secretary, No.19A, Rukmini Lakshmipathi Salai, Egmore, Chennai 600 008.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, to call for the records of the third respondent's proceedings bearing Lr.No.CFC/FC/REV/AAO/HT/D.419/2014 dated 11.07.2014 in so far as the petitioner is concerned and the consequential impugned demand notice in Lr.No.SE/TEDC/TIN/DFC/AO/Rev/HTS (Wind)/AS/WEG/F.Audit/D.No.1799/17, dated 24.07.2017, issued by the fifth respondent and quash the same as being arbitrary, illegal and without authority of law and contrary to the provisions of the Electricity Act 2003 and consequently, forbear the fifth respondent from recovering/collecting the encashment amount already paid to the petitioner towards the unutilised surplus wind energy for the periods from 2012-13. For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.S.K.Rameshwar for R1 to R5

O R D E R

The learned counsel appearing for the petitioner seeks permission of this Court to withdraw this writ petition and he has also made an endorsement to that effect.

2. In view of the submission and endorsement made by the learned counsel for the petitioner, this Writ Petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS ) //True copy// Sub Assistant Registrar gsk To 1.The Chairman and Managing Director,

Corporation Limited, 144, Anna Salai, Chennai 600 002.

2.The Director Finance, Corporation Limited, 144, Anna Salai, Chennai 600 002.

3.The Chief Financial Controller, Corporation Limited, 144, Anna Salai, Chennai 600 002.

4.The Superintending Engineer, TANGEDCO, Chennai Electricity Distribution Circle/South, Chennai.

5.The Superintending Engineer, TANGEDCO, Thirunelveli Electricity Distribution Circle, Thirunelveli.

6.The Secretary, The Tamil Nadu Electricity Regulatory Commission, No.19A, Rukmini Lakshmipathi Salai, Egmore, Chennai 600 008.

W.P.No.21928 of 2017 GMY(26/09/2018)