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Madras High CourtWP/25034/2017withdrawn dismissed

M/S. Adani Green Energy v. Tamilnadu Generation &

2018-11-30Honourable Mr Justice K. Ravichandrabaabu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2018

CORAM:

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.Nos.25034 to 25038 of 2017 and W.M.P.Nos.26430 to 26438 of 2017 1.M/s. Adani Green Energy (Tamil Nadu) Ltd., Adani House, Nr. Mithakhali Six Roads, Ahmedabad - 380 009, Gujarat Rep. by its Authorised Signatory Rakesh Harshavadan Shah ..

Petitioner (in W.P.No.25034 of 2017) 2.M/s. Kamuthi Renewable Energy Ltd., Adani House, Nr. Mithakhali Six Roads, Ahmedabad - 380 009, Gujarat Rep. by its Authorized Signatory Rakesh Harshavadan Shah ..Petitioner (in W.P.No.25035 of 2017) 3.M/s. Kamuthi Solar Power Ltd., Adani House, Nr. Mithakhali Six Roads, Ahmedabad - 380 009, Gujarat Rep. by its Authorised Signatory Rakesh Harshavadan Shah ..Petitioner (in W.P.No.25036 of 2017) 4.M/s. Ramnad Renewable Energy Ltd., Adani House, Nr. Mithakhali Six Roads, Ahmedabad - 380 009, Gujarat Rep. by its Authorised Signatory Rakesh Harshavadan Shah.

..Petitioner (in W.P.No.25037 of 2017)

5.M/s. Ramnad Solar Power Ltd., Adani House, Nr. Mithakhali Six Roads, Ahmedabad - 380 009, Gujarat Rep. by its Authorised Signatory Rakesh Harshavadan Shah ..Petitioner (in W.P.No.25038 of 2017) Vs 1.Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), No. 144, Anna Salai, Chennai - 600 002.

Rep by its Chairman 2.Tamil Nadu State Load Despatch Centre, Rep by its Superintending Engineer, 144, Anna Salai Chennai - 600 002.

3.Tamil Nadu Transmission Corporation Limited (TANTRANSCO) 144, Anna Salai Chennai - 600 002.

Rep by its Chairman.

4.Ministry of New and Renewable Energy Represented by its Secretary Block-14, CGO Complex, Lodhi Road, New Delhi-110 003, India 5.Tamil Nadu Electricity Regulatory Commission No 19-A, Rukmini Lakshmipathy Salai (Marshalls road), Egmore, Chennai - 600 008 Rep by its Secretary ..Respondents in all WPs Writ Petition No.25034 of 2017 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1-3 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 216 MW capacity at Kamuthi Taluk, Ramnad District in terms of the Energy Purchase Agreement dated 04.07.2015 in compliance with the MUST RUN status granted to the petitioner's Solar Power Plant.

Writ Petition No.25035 of 2017 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1-3 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 72 MW capacity at Kamuthi Taluk, Ramnad District in terms of the Energy Purchase Agreement dated 04.07.2015 in compliance with the MUST RUN status granted to the petitioner's Solar Power Plant.

Writ Petition No.25036 of 2017 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1-3 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 216 MW capacity at Kamuthi Taluk, Ramnad District in terms of the Energy Purchase Agreement dated 04.07.2015 in compliance with the MUST RUN status granted to the petitioner's Solar Power Plant.

Writ Petition No.25037 of 2017 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1-3 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 72 MW capacity at Kamuthi Taluk, Ramnad District in terms of the Energy Purchase Agreement dated 04.07.2015 in compliance with the MUST RUN status granted to the petitioner's Solar Power Plant.

Writ Petition No.25038 of 2017 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1-3 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 72 MW capacity at Kamuthi Taluk, Ramnad District in terms of the Energy Purchase Agreement dated 04.07.2015 in compliance with the MUST RUN status granted to the petitioner's Solar Power Plant.

For Petitioners :

Mr.C.Seethapathy (in all WPs)

For Respondents : Mr.S.K.Rameshwar Standing Counsel for R1 to R3 Mr.M.Venkatakrishnan for R5 (in all WPs) R4-No appearance C O M M O N O R D E R The learned counsel for the petitioners seeks permission of this Court to withdraw these writ petitions with liberty to approach the fifth respondent-Regulatory Commission. He has also made an endorsement to that effect, apart from circulating a letter to the Registry for withdrawal.

2. Accordingly, all these writ petitions are dismissed as withdrawn, by granting liberty to the petitioners to approach the fifth respondent-Regulatory Commission. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mk To 1.The Chairman.

Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), No. 144, Anna Salai, Chennai - 600 002.

2.The Superintending Engineer, Tamil Nadu State Load Despatch Centre, Rep by its 144, Anna Salai Chennai - 600 002.

3.The Chairman, Tamil Nadu Transmission Corporation Limited (TANTRANSCO) 144, Anna Salai Chennai - 600 002.

4.The Secretary Ministry of New and Renewable Energy Block-14, CGO Complex, Lodhi Road, New Delhi-110 003, India 5.The Secretary Tamil Nadu Electricity Regulatory Commission No 19-A, Rukmini Lakshmipathy Salai (Marshalls road), Egmore, Chennai - 600 008 +4 cc to M/s.C.Seethapathy, Advocate SR.No.82993 to 82996 +1 cc to Mr.S.K.Rameshwar, Advocate Sr.No.81995 +1 cc to Mr.M.Venkatakrishnan, Advocate Sr.No.82211 W.P.Nos.25034 to 25038 of 2017 SS(CO) CSL/26.12.2018