M/S. Ind-Barath Power v. The Tamil Nadu Generation And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 16.03.2016 Coram The Hon'ble Mr.Justice T.S.Sivagnanam Writ Petition Nos.17542 and 17543 of 2015 and M.P.Nos.1 and 1 of 2015 1.
M/s.Ind-Barath Power Gencom Ltd., Corporate Office at New No.20, Old No.129, Chamiers Road, Nandanam, Chennai - 600 035.
rep. by its President ( Commercial & Legal) R.Jarard Kishore,
...Petitioner in W.P.No.17542 of 2015
M/s.Arkay Energy ( Rameswaram) Ltd.
Corporate Office at New No.20, Old No.129, Chamiers Road, Nandanam, Chennai - 600 035.
rep. by its President ( Commercial & Legal) R.Jarard Kishore,
...Petitioner in W.P.No.17543 of 2015
Vs.
1.
The Tamil Nadu Generation and Distribution Corporation Ltd.,(TANGEDCO) rep. by its Chairman and Managing Director, The Chief Engineer/PPP, NPKRR Maaligai,
...Respondents 1 & 2 in both W.Ps
Prayer in both W.Ps.
Writ Petitions filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus to call for the records relating to the order of the second respondent herein , viz., the proceedings in Letter No.CE/PPP/SE/EE-1,(PP)/F. IBPIL-WP/D: 313/15, dated 13.05.2015, and to quash the same and consequently, to direct the respondents to release the payments forthwith, which are due and payable to the petitioner for the energy, which was supplied by the petitioner to the respondents within the state of Tamil Nadu, pursuant to the Government Order, passed in G.O.Ms.No.10 Energy (C3) Department, dated 27.02.2009.
For Petitioners : Mr.K.Seshadri For Respondents : Mr.P.Gunaraj (TNEB) COMMON O R D E R The Writ Petitions were listed today under the caption, "For Withdrawal", based on the letter submitted by the learned counsel appearing for petitioners to the Registry on 15.03.2016. The learned counsel appearing for the petitioners also sought the permission of this Court to withdraw the Writ Petitions with liberty to approach the Tamil Nadu Electricity Regulatory Commission (T.N.E.R.C.) and he has also made an endorsement to that effect in W.P.No.17542 of 2015. The endorsement made by the learned counsel appearing for the petitioners is placed on record, and the petitioners are permitted to withdraw these Writ Petitions and liberty is granted to workout their remedy before T.N.E.R.C. No costs. Consequently, connected Miscellaneous Petitions are closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar sd To 1.
The Tamil Nadu Generation and Distribution Corporation Ltd.,(TANGEDCO) rep. by its Chairman and Managing Director,
The Chief Engineer/PPP, NPKRR Maaligai, +2 ccs to Mr.AL.Gandhimathi Advocate sr.nos.17019 & 17020/16 Writ Petition Nos.17542 and 17543 of 2015 aa28/03/2016