Al Ameen Green Energy v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition Nos.26228 & 26229 of 2017 and WMP Nos.27882 & 27883 of 2017 Al Ameen Green Energy Private Limited Rep. by its Chairman - M.Basheer Ahamed Green Palace Complex No.67, Ramaswamy Street, Mannady, Chennai-600 001.

.. Petitioner (in WP.Nos.26228 & 26229 of 2017) Vs.

1.

The State of Tamil Nadu Rep. by its Secretary to Government Energy Department Secretariat, Fort St.George Chennai-600 009.

2.

The Tamil Nadu Generation & Distribution Corporation Limited (TANGEDCO) Rep. by its Managing Director 3.

Tamil Nadu Electricity Board (TNEB) No.800, Anna Salai 4.

The Tamil Nadu Electricity Regulatory Commission (TNERC) Rep. by its Chairman 5.

The Chief Engineer / Non Conventional Energy Sources (NCES) NPKRR Maligai No.144, Anna Salai .. Respondents (in WP.Nos.26228 & 26229 of 2017)

Prayer:

Writ petition No.26228 of 2017 filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records on the file of the 2nd respondent made in Lr.No.CE/NCES/SE/SOL/EE/SCB/A1/F.A1 Ameen/D 861/17 dated 18.09.2017, and to quash the same. Writ petition No.26229 of 2017 filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records on the file of the 2nd respondent made in Lr.No.CE/NCES/SE/SOL/EE/SCB/A1/F.A1 Ameen/D 859/17 dated 18.09.2017, and to quash the same. For Petitioner : Mr.Haja Mohideen Gisthi (in WP.Nos.26228 & 26229 of 2017) For Respondents : Mr.R.Govindasamy Special Government Pleader for R1 Mr.S.K.Rameshuwar Standing counsel for R2 to R5 (in WP.Nos.26228 & 26229 of 2017) C O M M O N O R D E R Mr.R.

Govindasamy, learned Special Government Pleader, takes notice for the first respondent and Mr.S.K.Rameshuwar, learned standing counsel takes notice for the respondents 2 to 5. By consent of the parties, the main writ petitions themselves are taken up for final disposal at the admission stage itself.

2. Both these writ petitions are filed challenging the order of the second respondent dated 18.09.2017.

3. Heard Mr.Haja Mohedeen Gisthi, learned counsel appearing for the petitioner.

4. Indisputably, the dispute between the parties which culminated into passing of the present impugned order has arisen resulting out of an agreement entered between them wherein a Clause for settlement of dispute has been incorporated viz., Clause 11, which reads as follows:

"11. Settlement of Disputes:

If any dispute or difference of any kind whatsoever arises between the parties relating to this agreement, it shall, in the first instance, be settled amicably, by the parties, failing which either party may

approach the Commission for the adjudication of such disputes under Section 86(1)(f) of the Electricity Act, 2003 in accordance with the Conduct of Business Regulations 2004 and Fees and Fines Regulations 2004 of the Commission.

This agreement shall be governed by the laws of India and the Courts at Chennai alone shall have jurisdiction."

5. Needless to say that when the parties to the agreement have agreed to resolve their dispute by way of resorting to the provisions before the concerned Adjudicating Authority under the relevant Clause viz., Clause 11 as stated supra, I am of the view that the petitioner is not justified in invoking the discretionary jurisdiction of this Court under Article 226 of the Constitution of India by filing the present writ petitions. Therefore, without expressing any view on the merits of the matter, these writ petitions are disposed of, with liberty to the petitioner to resolve the dispute as contained under Clause 11 of the said agreement. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mk To 1.

The Secretary to Government Energy Department Secretariat, Fort St.George Chennai-600 009.

2.

The Managing Director The Tamil Nadu Generation & Distribution Corporation Limited (TANGEDCO) 3.

Tamil Nadu Electricity Board (TNEB) No.800, Anna Salai

4.

The Tamil Nadu Electricity Regulatory Commission (TNERC) 5.

The Chief Engineer / Non Conventional Energy Sources (NCES) NPKRR Maligai No.144, Anna Salai +1cc to Mr.Haja Mohideen Gisthi, Advocate, S.R.No.72431 +1cc to Mr.S.K.Rameshuwar, Advocate, S.R.No.72363 +1cc to the Government Pleader, S.R.No.72628 W.P.Nos.26228 & 26229 of 2017 CS/01/11/17