Brakes India Limited v. Tamilnadu Electiricity Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and M.P.Nos.2 of 2009 (4MPs) & 3 of 2009 (4MPs) Brakes India Limited Represented by its Managing Director Mr.S.Viji Padi, Chennai - 600 050.

... Petitioner in 4WPs Vs.

1.Tamil Nadu Electricity Board (TNEB) Represented by its Chairman Anna Salai, Chennai.

2.Chief Financial Controller (Revenue) Tamil Nadu Electricity Board Anna Salai, Chennai.

3.The Superintending Engineer Vellore Electricity Distribution Circle Tamil Nadu Electricity Board Vellore - 632 006.

... Respondents in 4WPs Prayer in W.P.No.12828 of 2009: Writ Petition filed under Article 226 of

proceeding viz. U.O.Lr.No.CFC /Rev/Fc/Rev/D.No. / Dated 24.06.2009, quash the same and direct the respondents not to discriminate between the petitioner as a consumer of wind energy and consumers of other forms of captive power generation in terms of restriction and control measures imposed by the 2nd respondent, as directed by the Tamil Nadu Electricity Regulatory Commissioner (TNERC)in its Order dated 28.11.2008 passed in M.P.No.42 of 2008 in so far as it relates to the petitioner's HT SC No.1168. Prayer in W.P.No.12829 of 2009: Writ Petition filed under Article 226 of proceeding viz. U.O.Lr.No.CFC/Rev/Fc/Rev/D.No. / Dated 24.06.

2009, quash the same and direct the respondents not to discriminate between the petitioner as a consumer of wind energy and consumers of other forms of captive power generation in terms of restriction and control measures imposed by the 2nd respondent, as directed by the Tamil Nadu Electricity Regulatory Commissioner (TNERC)in its Order dated 28.11.2008 passed in M.P.No.42 of 2008 in so far as it relates to the petitioner's HT SC No.1067. Prayer in W.P.No.12830 of 2009: Writ Petition filed under Article 226 of proceeding viz. U.O.Lr.No.CFC/Rev/Fc/Rev/D.No. / Dated 24.06.

captive power generation in terms of restriction and control measures imposed by the 2nd respondent, as directed by the Tamil Nadu Electricity Regulatory Commissioner (TNERC)in its Order dated 28.11.2008 passed in M.P.No.42 of 2008 in so far as it relates to the petitioner's HT SC No.1147. Prayer in W.P.No.12831 of 2009: Writ Petition filed under Article 226 of proceeding viz. U.O.Lr.No.CFC/Rev/Fc/Rev/D.No. / Dated 24.06.2009, quash the same and direct the respondents not to discriminate between the petitioner as a consumer of wind energy and consumers of other forms of captive power generation in terms of restriction and control measures imposed by the 2nd respondent, as directed by the Tamil Nadu Electricity Regulatory Commissioner (TNERC)in its Order dated 28.11.2008 passed in M.P.No.42 of 2008 in so far as it relates to the petitioner's HT SC No.1235. For Petitioner : Mr.Arun Anbumani (in 4WPs) For Respondents : Mr.S.Madhu Sudhanan [For TNEB] (in 4WPs)

COMMON ORDER The learned counsel appearing on behalf of the respondents / Tamil Nadu Electricity Board made a submission that the claims made by the respondents against the writ petitioner had already been closed. Since the claims made against the petitioner are closed by the respondents, no further adjudication needs to be undertaken.

2. Accordingly, these Writ Petitions stand closed. No costs. Consequently, connected Miscellaneous Petitions are closed. 05.06.2023 Jeni Index : Yes Speaking order / Non-speaking order

To 1.Tamil Nadu Electricity Board (TNEB) Represented by its Chairman Anna Salai, Chennai.

2.Chief Financial Controller (Revenue) Tamil Nadu Electricity Board Anna Salai, Chennai.

3.The Superintending Engineer Vellore Electricity Distribution Circle Tamil Nadu Electricity Board Vellore - 632 006.

S.M.SUBRAMANIAM, J.

Jeni 05.06.2023