← Library
Madras High CourtWP/14529/2020disposed of

Raasi Green Earth Energy Pvt Ltd v. Tamil Nadu Generation And Distribution Corporation Ltd

2020-10-12Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.10.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.14529 of 2020 and W.M.P.Nos.18024, 18025 & 18026 of 2020 Raasi Green Earth Energy Private Limited Rep. by its Director BC.Sandeep No.817, 2nd Floor, 80 Feet Road 8th Block, Koramangala Bangalore - 560.

... Petitioner Vs.

1.Tamil Nadu Generation and Distribution Corporation Limited Represented by its Chairman No.144, Anna Salai Chennai - 600 002.

2.The Chief Engineer NCES-TANGEDCO No.144, Anna Salai Chennai-600 002.

3.The Tamil Nadu Electricity Regulatory Commission Represented by its Chairperson No.19-A, Rukmini Lakshmipathy Salai Marshalls Road Egmore Chennai - 600 008.

4.The Chief Manager Punjab National Bank Koramangala Branch Bangalore - 560095.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records of the 1st respondent pertaining to the letter bearing Lr.No.CE/NCES/SE/Solar/EE/SCB/AEE 3/F Raasi Green/D.753/20 dt: 25/9/2020 and Lr.No.CE/NCES/SE/Solar/EE/SCB/AEE 3/F Raasi Green/D.754/20 dt: 25/9/2020 and quash the same.

For Petitioner : Mr.P.Wilson Senior Counsel for M/s. Richardson Wilson For Respondents: Mr.Damodharan - R1 to R3 Standing Counsel

O R D E R

This Writ Petition has been filed challenging the impugned proceedings of the first respondent dated 25.09.2020.

2. Heard Mr.P.Wilson, learned senior counsel for the petitioner and Mr.Damodharan, learned Standing Counsel appearing on behalf of the respondents 1 to 3.

3. It is seen from records that the substantive dispute is pending on the file of the third respondent and the third respondent has already passed an interim order on 09.06.2020 wherein the third respondent has directed the TANGEDCO not to take any coercive steps pending disposal of the dispute. It is further seen from records that when the matter came up for hearing on 15.09.2020, it was TANGEDCO which had sought for some time for the purpose of filing a counter and written submissions. Therefore, at the request of TANGEDCO, the case was again adjourned on 07.10.2020.

4. In view of the above, the respondents ought to have taken effective steps to get the main dispute disposed of by the third respondent and should not have taken any coercive steps in the meantime. This is done in spite of the fact that the third respondent has given a direction to TANGEDCO not to take any coercive steps.

5. In the considered view of this Court, the impugned proceedings of the first respondent dated 25.09.2020 will have to be kept in abeyance till the matter is finally disposed of by the third respondent.

6. This Writ Petition is disposed of with a direction to the third respondent to hear and dispose of the proceedings pending in D.R.P. No.8 of 2020 as expeditiously as possible. Till the final orders also passed by the third respondent, the TANGEDCO is directed not to take any coercive steps and await for the result of the final order.

7. This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are also closed. s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Chairman Tamil Nadu Generation and Distribution Corporation Limited No.144, Anna Salai Chennai - 600 002.

2.The Chief Engineer NCES-TANGEDCO No.144, Anna Salai Chennai-600 002.

3.The Tamil Nadu Electricity Regulatory Commission No.19-A, Rukmini Lakshmipathy Salai Marshalls Road Egmore Chennai - 600 008 +1 CC to M/s. Richardson Wilson, advocate sr 33933. W.P.No.14529 of 2020 and W.M.P.Nos.18024, 18025 & 18026 of 2020 PPA(CO) SP(04/11/2020)