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Madras High CourtWA/319/2010dismissed as withdrawal

The Chairman v. S.P.Anthonisamy

2016-12-15Honourable Mr Justice S. Manikumar,Honourable Mr Justice M. Govindaraj3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.A.No.319 of 2010 and M.P.No.1 of 2010

1. The Chairman, Tamilnadu Electricity Board, NPKRR Maaligai, 800, Anna Salai, Chennai - 2.

2. The Executive Engineer, (O&M), Tamil Nadu Electricity Board, Thanjavur.

3. The Superintending Engineer, Tamil Nadu Electricity Board, Thanjavur ... Appellants/3rd, 4th and 5th Respondents versus

1. S.P.Anthonisamy, Chairman, Parisutham Institute of Technology and Science, Inathukanpatti, Thanjavur. ...1st Respondent/Petitioner

2. The Secretary to Government, Energy Department, Ministry of Energy, Union of India, Central Secretariat, New Delhi.

3. The Secretary to Government, Energy Department, State of Tamil Nadu, Secretariat, Chennai.

... 2nd and 3rd Respondents/1st and 2nd Respondents Writ Appeal filed against the order dated 08.12.2009 in M.P.No.2 of 2009 in W.P.No.23192 of 2009.

Prayer in Writ Petition:

Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the entire records of the proceedings in Lr.No.EE./O&M/TJR/FAPTS/D.No. /2009 dated 5.11.2009 on the file of the 4th respondent and to quash the same.

Prayer in Miscellaneous Petition in Writ Petition: M.P.2 of 2009:Miscellaneous Petition filed Under Article 226 of the Constitution of India praying to permit the Petitioner to prefer an Appeal under Section 127 of the Electricity Act 2003 against the final order passed by the 4th respondent in Lr.No.EE/O&M/TJR/F-APTS/D.No. /2009 dated 5.11.2009 without depositing the half of the amount mentioned in the final order as required under Section 127 as the Electricity Act, 2003 to prefer the appeal without prejudice to the contentions raised in Writ Petition.

For Appellants : Mr.P.Gunaraj Standing counsel for TNEB For Respondents: Mr.A.Navaneetha Krishnan (for R1) Mr.K.Gunasekar (for R2) SPCCG Mr.K.V.Dhanapalan (for R3)

JUDGMENT

(Order of the Court was made by S.MANIKUMAR, J.) Mr.P.Gunaraj, learned standing counsel for the Tamilnadu Electricity Board/appellant, submitted that he is not pressing the appeal and he has also made an endorsement to that effect.

2. Recording the same, the writ appeal is dismissed as withdrawn. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar

ars To

1. The Secretary to Government, Energy Department, Ministry of Energy, Union of India, Central Secretariat, New Delhi.

2. The Secretary to Government, Energy Department, State of Tamil Nadu, Secretariat, Chennai.

3. The Chairman, TamilNadu Electricity Board, Chennai.

4. The Executive Engineer(O & M), TamilNadu Electricity Board, Thanjavur Rural, Thanjavur.

5. The Superintending Engineer, TamilNadu Electricity Board, Thanjavur.

+1cc to M/S.K.Gunasekar, Advocate SR.73206 W.A.No.319 of 2010 gmi[co] srg 19/01/2017