Dalmia Bharat Sugar And v. The Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13-12-2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.NO.8721 OF 2015 AND M.P.NOS.1 TO 3 OF 2015 Dalmia Bharat Sugar and Industries Ltd., Dalmiapuram, Tiruchirapalli - 621 651, Represented by its Authorised Signatory.
... Petitioner .Vs.
1. The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., 144, Anna Salai, Chennai - 600 002.
2. The Director Finance, Tamil Nadu Generation and Distribution Corporation Ltd., 144, Anna Salai, Chennai - 600 002.
3. The Chief Financial Controller/Revenue, Tamil Nadu Generation and Distribution Corporation Ltd., 144, Anna Salai, Chennai - 600 002.
4. The Superintending Engineer, Tirunelveli Electricity Distribution Circle, Tirunelveli - 627 001.
5. The Superintending Engineer, Perambalur Electricity Distribution Circle, Perambalur.
6. The Tamil Nadu Electricity Regulatory Commission, Represented by its Secretary, No.19A, Rukmini Lakshmipathi Salai, Egmore, Chennai - 600 008.
... Respondents
PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the third respondent bearing Lr.No.CFC/FC/REV/ AAO/HT/D.419/2014 dated 11.07.2014 and all proceedings consequent or pursuant thereto, including the impugned letter of the fourth respondent dated 11.03.2015 bearing Lr.No.SE/TEDC/TIN/AO/REV/AS/WM/D.No. 615/15 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 direct the second respondent to make payment of total amount of Rs.2,66,40,875/- together with further interest thereon at 18% per annum from the due date of payment. For Petitioner :
Mr.Rahul Balaji For Respondents :
Mr.L.Jaivenkatesh 1 to 5 Standing Counsel For TANGEDCO For Respondent-6 :
No Appearance
O R D E R
The present writ petition was filed when the Electricity Regulatory Commission was not adjudicating the issues for want of Judicial Member.
2. The learned counsel for the petitioner brought to the notice of this Court that during the pendency of the present writ petition, the Judicial Member was appointed and the issues raised were already adjudicated in the order dated 31.08.2021 passed by the Tamil Nadu Electricity Regulatory Commission in DRP No.81 of 2014.
3. In view of the developments occurred during the pendency of the present writ petition, no further consideration is required and consequently, the writ petition stands closed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are also closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar Svn
To 1.
The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., 144, Anna Salai, Chennai - 600 002.
2.
The Director Finance, Tamil Nadu Generation and Distribution Corporation Ltd., 144, Anna Salai, Chennai - 600 002.
3.
The Chief Financial Controller/Revenue, Tamil Nadu Generation and Distribution Corporation Ltd., 144, Anna Salai, Chennai - 600 002.
4.
The Superintending Engineer, Tirunelveli Electricity Distribution Circle, Tirunelveli - 627 001.
5.
The Superintending Engineer, Perambalur Electricity Distribution Circle, Perambalur.
6.
The Secretary, Tamil Nadu Electricity Regulatory Commission, No.19A, Rukmini Lakshmipathi Salai, Egmore, Chennai - 600 008.
W.P.NO.8721 OF 2015 SV(CO) PBS/27/12/2021