The Southern India Mills v. Tamil Nadu Generation &

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04-02-2022

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WP No.37604 of 2016 And WMP No.32238 of 2016 And WMP No.7237 of 2017 The Southern India Mills' Association, Represented by its Deputy Secretary General, 41, Race Course Road, Coimbatore - 641 018.

....Petitioner vs.

1. Tamil Nadu Generation and Distribution Corporation Ltd., Represented by its Chairman and Managing Director,

2. Tamil Nadu Transmission Corporation Ltd., Represented by its Managing Director,

3. Tamil Nadu Electricity Regulatory Commission, No.19A, Rukmini Lakshmipathy Salai, Egmore, Chennai - 600 008.

...Respondents

Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent to implement the order of the Hon'ble TNERC (Tamil Nadu Electricity Regulatory Commission) in R.A.No.06 of 2013 dated 31.03.2016 in entirety and implement the Tariff Order No.3 of 2016, being the Comprehensive Wind Tariff Order passed by the third respondent, in so far as Scheduling and System Operation charges are concerned after awaiting for the orders in R.P.No.1 of 2016 and follow such orders passed by the Hon'ble TNERC (Tamil Nadu Electricity Regulatory Commission).

For Petitioner : Mr.Rahul Balaji For Respondents-1&2 : Mr.M.Abdul Kalam, Standing Counsel for TANGEDCO.

For Respondent-3 : No Appearance

O R D E R

The learned counsel appearing on behalf of the petitioner made a submission that with reference to the relief sought for in the present writ petition, the respondentTANGEDCO itself issued Circular in proceedings CFC/Rev/DFC/Rev/AS.3/D.No.384/17 dated 03.10.2017 (to implement the order passed by Tamil Nadu Electricity Regulatory Commission in RA No. 6 of 2013).

2. In view of the revised Circular issued by the respondent-TANGEDCO, the grievance of the petitioner is to be redressed. In other words, the respondents are bound to extend the benefit of the Circular to the petitioner with reference to the terms and conditions stipulated therein.

3. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar Svn To

1. The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd.,

2. The Managing Director, Tamil Nadu Transmission Corporation Ltd.,

3. Tamil Nadu Electricity Regulatory Commission, No.19A, Rukmini Lakshmipathy Salai, Egmore, Chennai - 600 008.

WP 37604 of 2016 GPL[co] NSK 15/02/2022