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Madras High CourtWP/24937/2017withdrawn dismissed

Shapoorji Pallonji Solar Pv v. Tamilnadu Generation And

2018-12-05Honourable Mr Justice K. Ravichandrabaabu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2018

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.Nos.24937, 24938, 24939 & 24940 of 2017 and W.M.P.Nos.26315, 26316, 26317 & 26318 of 2017 Shapoorji Pallonji Solar PV Private Limited, Having Registered Office at No.70, Nagindar Master Road, Fort, Mumbai 400023 And Branch Office at "SreyasVirat", No.14, First Floor, Third Cross Road, Raja Annamalai Puram, Chennai 600028.

...Petitioner

(in W.P.No.24937 of 2017) TN Solar Power Energy Private Limited Having Registered Office at "SreyasVirat", No.14, First Floor, Third Cross Road, Raja Annamalai Puram, Chennai-600 028.

... Petitioner (in WP.No.24938 of 2017) Universal Mine Developers & Service Providers Pvt. Ltd., Having Registered Office at No.70, Nagindar Master Road, Fort, Mumbai 400023 And Branch Office at "SreyasVirat", No.14, First Floor, Third Cross Road, Raja Annamalai Puram, Chennai 600028 ....Petitioner (in W.P.Nos.24939 & 24940 of 2017) vs.

1. Tamil Nadu Generation And Distribution Corporation Limited (TANGEDCO), Rep by its Chairman, No.144, Anna Salai, Chennai - 600 002.

2. Tamil Nadu State Load Despatch Centre, Rep by its Superintending Engineer,

3. Tamil Nadu Transmission Corporation Limited (TANTRANSCO) Rep by its Chairman,

4. Ministry of New and Renewable Energy Rep by its Secretary Block- 14, CGO Complex, Lodhi Road, New Delhi - 110 003, India.

5. Tamil Nadu Electricity Regulatory Commission Rep by its Secretary No 19-A, Rukmini Lakshmipathy Salai (Marshalls road), Egmore, Chennai - 600 008.

...Respondents

(in all W.Ps) Writ Petition No.24937 of 2017 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 their men, agents, servants or any one acting for them or on their behalf not to issue any back down instructions to the petitioner and evacuate the entire power generated by the petitioner's Solar Power Plant of 30 MW capacity at Thiruvanamalai in terms of the Energy Purchase Agreement dated 19.09.2015 in compliance with the MUST RUN status granted to the Petitioner's Solar Power Plants. Writ Petition No.

24938 of 2017 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 their men, agents, servants or any one acting for them or on their behalf not to issue any back down instructions to the petitioner and evacuate the entire power generated by the petitioner's Solar Power Plant of 10 MW capacity at Tuticorin District in terms of the Energy Purchase Agreement dated 17.03.2015 in compliance with the MUST RUN status granted to the Petitioner's Solar Power Plants. Writ Petition No.

24939 of 2017 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 their men, agents, servants or any one acting for them or on their behalf not to issue any back down instructions to the petitioner and evacuate the entire power generated by the petitioner's Solar Power Plant of 12 MW capacity at Virudhunagar District in terms of the Energy Purchase Agreement dated 25.03.2015 in compliance with the MUST RUN status granted to the Petitioner's Solar Power Plants. Writ Petition No.

directing the respondents 1 to 3 their men, agents, servants or any one acting for them or on their behalf not to issue any back down instructions to the petitioner and evacuate the entire power generated by the petitioner's Solar Power Plant of 13 MW capacity at Virudhunagar District in terms of the Energy Purchase Agreement dated 25.05.2015 in compliance with the MUST RUN status granted to the Petitioner's Solar Power Plants. For Petitioner :

Mr.P.Giridharan (in all WPs) For Respondents :

Mr.S.K.Raameshwar Standing Counsel for R1 to 3 R4 Name Printed- No Appearance Mr.M.Venkata Krishnan for R5 (in all WPs) C O M M O N O R D E R The learned counsel for the petitioner seeks permission of this Court to withdraw these writ petitions with liberty to approach the fifth respondent-Regulatory Commission. He has also circulated a letter to the Registry to that effect.

2. Accordingly, these Writ Petitions are dismissed as withdrawn, by granting liberty to the petitioner to approach the fifth respondent- Regulatory Commission.

No costs.

Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sni/mk To

1. Chairman to Tamil Nadu Generation And Distribution Corporation Limited (TANGEDCO), No.144, Anna Salai,

2. Superintending Engineer to Tamil Nadu State Load Despatch Centre,

3. Chairman to Tamil Nadu Transmission Corporation Limited (TANTRANSCO)

4. Secretary to Ministry of New and Renewable Energy Block- 14, CGO Complex, Lodhi Road, New Delhi - 110 003, India.

5. Secretary to Tamil Nadu Electricity Regulatory Commission No 19-A, Rukmini Lakshmipathy Salai (Marshalls road), Egmore, Chennai - 600 008.

+1cc to Mr.S.K.Rameshuwar Advocate, S.R.No. 83368 +1cc to Mr.P.Giridharan, Advocate, S.R.No. 83747 +1cc to Mr.M.Venkate Krishnan, Advocate, S.R.No. 83458 W.P.Nos.24937, 24938, 24939 & 24940 of 2017 SKV(CO) GN(24/12/2018)