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Madras High CourtWP/21974/2021withdrawn dismissed

Tamilnadu Spinning Mills Association v. Tamil Nadu Electricity Regulatory Commission

2021-10-07Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.21974 of 2021 and W.M.P.No.23179 of 2021 Tamil Nadu Spinning Mills Association Registration No.330/97, #2, Karur Road Modern Nagar, Dindigul-624 001 Tamil Nadu, rep,by its Chief Advisor Dr.K.Venkatachalam

...Petitioner

-Vs1. Tamilnadu Electricity Regulatory Commission 4th Floor, SIDCO Corporate Office Building Thiru.Vi.Ka.Industrial Estate, Guindy Chennai - 600 032, rep.by its Secretary.

2. The Tamil Nadu Generation and Distribution Corporation Ltd (TANGEDCO), represented by its Chief Financial Controller-Regulatory Cell 7th Floor, 144, Anna Salai, Chennai - 600 002.

3. The Tamil Nadu Generation and Distribution Corporation Ltd (TANGEDCO), represented by its Chairman and Managing Director, 10th Floor No.144, Anna Salai, Chennai - 600 002.

...Respondents

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent the State Commission to keep the order in M.P.No.30 of 2021 dated 29.09.2021 in abeyance, till the disposal of the appeal petition of the petitioner pending in Appeal No.177 of 2021 before the Hon'ble APTEL challenging the very maintainability of the levy of the Additional surcharge as ordered in M.P.No.18 of 2020 dated 15.04.2021 pertaining to the period from 16.04.2021 to 30.09.2021.

For Petitioner :

Mr.R.S.Pandiyaraj For Respondents :

Mr.L.Jai Venkatesh Standing Counsel https://hcservices.ecourts.gov.in/hcservices/

O R D E R

Learned counsel for the petitioner sought for permission to withdraw the writ petition with a liberty to work out their remedy before the APTEL, where the appeal is pending.

2. Accordingly, this writ petition is dismissed with liberty to the petitioner to work out their remedy before the APTEL in the pending appeal. No costs. Consequently, connected miscellaneous petition is dismissed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar KST To

1. The Secretary, Tamilnadu Electricity Regulatory Commission 4th Floor, SIDCO Corporate Office Building, Thiru.Vi.Ka.Industrial Estate, Guindy Chennai - 600 032.

2. The Chief Financial Controller-Regulatory Cell, Tamil Nadu Generation and Distribution Corporation Ltd (TANGEDCO), 7th Floor, 144, Anna Salai, Chennai - 600 002.

3. The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd (TANGEDCO), 10th Floor, No.144, Anna Salai, Chennai - 600 002.

+1cc to Mr.R.S.Pandiyaraj, Advocate, S.R.No.53026 W.P.No.21974 of 2021 PA[co] NSK 27/10/2021 https://hcservices.ecourts.gov.in/hcservices/