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Madras High CourtWP/13778/2019withdrawn dismissed

Tamilnadu Spinning Mills Association v. Tamil Nadu Electricity Regulatory

2019-04-30Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P. No.13778 of 2019 and W.M.P. Nos.13858 & 13861 of 2019 Tamil Nadu Spinning Mills Association, # 2 Karur Road, Modern Nagar, Dindigul-624 001 represented by its Chief Advisor Dr.K.Venkatachalam ... Petitioner -vs1.Tamil Nadu Electricity Regulatory Commission, No.19-A Rukmini Lakshmipathy Salai, Egmore, Chennai represented by its Secretary.

2.Tamil Nadu Generation and Distribution Corporation Ltd., represented by the Chairman 144 Anna Salai, Chennai - 600 002.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus calling for the records of the 1st respondent Commission comprised in its order dated 22.02.2019 in M.P. No.17-26 of 2013 and batch matters and quash both the same as illegal and contrary to the provisions of the Electricity Act, 2003 as also the judgment of the Hon'ble Supreme Court and consequently direct the first respondent Commission to take up the matter in MP. No.17-26 of 2013 and hear the same afresh, after the appointment of a Judicial Member and order to dispose of the same on merits and law.

For Petitioner : Mr.AR.L.Sundaresan, Senior counsel for Mr.R.S.Pandiyaraj For Respondents: Mr.Vijay Narayan, Advocate General assisted by Mr.S.K.Raameshuwar, Standing Counsel for R2 https://hcservices.ecourts.gov.in/hcservices/

ORDER

Mr.Vijay Narayan, learned Advocate General, raising objection on the maintainability of the writ petition, would submit that the petitioner, being an Association, not being a party before the Tamil Nadu Electricity Regulatory Commission, knowing pretty well that they may not file an Appeal, has come to this Court by way of filing the writ petition.

2.It is at this stage, learned senior counsel appearing for the petitioner sought permission to withdraw the writ petition with a liberty to file an individual writ petition by the affected parties.

3.In view of the above submission made, the writ petition is dismissed as withdrawn granting such liberty. Consequently, connected W.M.Ps are closed. No costs. Sd/- Assistant Registrar(CS ) //True Copy// Sub Assistant Registrar vga To 1.Tamil Nadu Electricity Regulatory Commission, No.19-A Rukmini Lakshmipathy Salai, Egmore, Chennai represented by its Secretary.

2.Tamil Nadu Generation and Distribution Corporation Ltd., represented by the Chairman 144 Anna Salai, Chennai - 600 002.

+1cc to Mr.S.K.Raameshuwar , Advocate SR.No. 42913 W.P. No.13778 of 2019 and W.M.P. Nos.13858 & 13861 of 2019 A.SK(30/04/2019) https://hcservices.ecourts.gov.in/hcservices/