Tamil Nadu Power Producers v. The Government Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2022 Coram The Honourable Mr.Justice Krishnan Ramasamy W.P.No.11238 of 2018 and W.M.P.Nos.13142, 16952, 17036 of 2018 Tamil Nadu Power Producers Association Represented by Its Secretary, Mr.Vishal Keyal, Temple Steps, 3rd Floor, Block No.A, Unit 'B', 184-187, Anna Salai, Little Mount, Chennai-600 015.
...Petitioner
Vs.
1. The Government of Tamil Nadu, Represented by its Secretary to Government, Electricity Department, Secretariat, Fort St.George, Chennai-600 009.
2. The Tamil Nadu Generation and Distribution Corporation Ltd., Represented by its Managing Director, Anna Salai, Chennai-600 002.
3. Tamil Nadu Transmission Corporation Ltd., Represented by its Chairman, 144, Anna Salai, Chennai-600 002.
4. The Tamil Nadu Electricity Regulatory Commission, Represented by its Secretary, Egmore, Chennai-600 008.
5. State Load Despatch Centre 144, Anna Salai, Chennai-600 002.
...Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the 2nd, 3rd and 5th respondents herein from granting no
objection certificate (NOC)/permission/approval for intra state transmissions with interstate connectivity/CTU/IEX for intra supply till the Tamil Nadu Electricity Regulatory Commission (intra state availability based operation) Regulation 2016 and the Tamil Nadu Electricity Regulatory Commission (Deviations, Settlement, Mechanism and related matters) Regulations 2017 are notified and enforced.
For Petitioner :
M/S.Vinod Kumar For R1 :
Mrs.C.Meera Arumugam, Additional Government Pleader For R2 :
Mr.S.Madhusudanan Standing Counsel For R3 & 5 :
Mr.V.Anil Kumar, no appearance Proposed Respondents:
Mr.R.S.Pandiyaraj Ms.Harini for Mr.Rahul Balaji
O R D E R
The present Writ Petition has been filed seeking for issuance of a Writ of Mandamus, forbearing the 2nd, 3rd and 5th respondents herein from granting no objection certificate (NOC)/ permission/approval for intra state transmissions with interstate connectivity/CTU/IEX for intra supply till the Tamil Nadu Electricity Regulatory Commission (intra state availability based operation) Regulation 2016 and the Tamil Nadu Electricity Regulatory Commission (Deviations, Settlement, Mechanism and related matters) Regulations 2017 are notified and enforced.
2. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner submits that subsequent to the filing of this Writ Petition, the said regulations have been challenged before the Court of Law. Hence, the learned counsel appearing for the petitioner submits that nothing survives for adjudication herein, however, seeks liberty of this Court to challenge the fresh notified regulation.
3. In view of the above submission made by the learned counsel for the petitioner, this Writ Petition is dismissed as infructuous with liberty to challenge the fresh notified
regulation, if so advised. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar jd To
1. The Government of Tamil Nadu, Represented by its Secretary to Government, Electricity Department, Secretariat, Fort St.George, Chennai-600 009.
2. The Tamil Nadu Generation and Distribution Corporation Ltd., Represented by its Managing Director, Anna Salai, Chennai-600 002.
3. Tamil Nadu Transmission Corporation Ltd., Represented by its Chairman, 144, Anna Salai, Chennai-600 002.
4. The Tamil Nadu Electricity Regulatory Commission, Represented by its Secretary, Egmore, Chennai-600 008.
5. State Load Despatch Centre 144, Anna Salai, Chennai-600 002.
+1cc to Mr.Vinoth Kumar, Advocate, S.R.No.374 W.P.No.11238 of 2018 and W.M.P.Nos.13142, 16952, 17036 of 2018 SR-II(CO) SU(02/03/2022)