Madras High CourtWP/13395/2010withdrawn dismissed

M/S.Ashok Leyland Limited, v. The Tamil Nadu Electricity

2016-02-11Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.02.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.13395/2010 & MP.No.2/2010 M/s.Ashok Leyland Limited No.19, Rajaji Salai, Chennai-1.

Petitioner

Versus

1. The Chairman Tamil Nadu Electricity Board Anna Salai, Chennai 600 002.

2. The Chief Engineer Non-conventional Energy Sources II Floor, Eastern Wing, Chennai.

3. The Superintending Engineer Tirunelveli Electricity Distribution Circle Tirunelveli.

4. The Superintending Engineer Chennai Electricity Distribution Circle [North] Chennai.

Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus calling for the records of the 3rd respondent comprised in its impugned order dated 24.04.2010 in Ref.Lr.No.SR/TEDC/TIN/AO/Rev/HTS/AS/F.WEG HTSC No.2199/D663/10 quash the same as arbitrary and illegal and consequently direct the 2nd respondent through the 3rd and 4th respondents to ensure that the petitioner is granted the right to open access to wheel power generated in WEG HTSC Nos.2199, 2222, 2237 and 2272 to the destination of its use in terms of section 9 of the Electricity Act 2003 in terms of particulars as set out in its letter dated 21.11.2009.

For Petitioner :

Mr.Sathish Parasaran For RR 1 to 4 :

Mr.S.K.Rameshwar https://hcservices.ecourts.gov.in/hcservices/

ORDER

Learned counsel for the petitioner would submit that the preliminary has instructed him to withdraw the case and has also submitted a letter dated 08.02.2016 to the Registry. However the endeavour of the learned counsel for the petitioner is that there is a Circular issued by TNEB dated 03.09.2012 in Lr.No.CFC/FC/REV/AAO/HT/D.578/2012 and the petitioner would request the respondents to consider his case based on the said Circular. The said submission is placed on record. 2.In view of the submission of the letter dated 08.02.2016 to the Registry by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn. No costs.

Consequently, the connected miscellaneous petition is also dismissed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar AP To 1.The Chairman Tamil Nadu Electricity Board Anna Salai, Chennai 600 002.

2.The Chief Engineer Non-conventional Energy Sources II Floor, Eastern Wing, Chennai.

3.The Superintending Engineer Tirunelveli Electricity Distribution Circle Tirunelveli.

4.The Superintending Engineer Chennai Electricity Distribution Circle [North] Chennai.

+1 cc to M/S.S.K.Rameshuwar, Advocate sr.8736 WP.No.13395/2010 aa17/02/2016 https://hcservices.ecourts.gov.in/hcservices/