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Madras High CourtWP/28019/2018disposed of

Global Calcium Pvt Ltd v. The Chairman

2018-11-01Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.28019 of 2018 and W.M.P.Nos.32600, 32604, 32610 of 2018 Global Calcium Pvt. Ltd., HTSC No 43, No.125 & 126 Sipcot Industrial Complex Phase-1, Hosur 635 126, Krishnagiri District, Rep by its Authorized Signatory R.Pugazhendi ... Petitioner Vs

1. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), 144, Anna Salai, Chennai - 600 002.

2. Chief Financial Controller/Revenue, TANGEDCO, 144, Anna Salai, Chennai - 600 002.

3.The Superintending Engineer, TANGEDCO, Krishnagiri Electricity Distribution Circle, Krishnagiri.

4. The Tamil Nadu Electricity Regulatory Commission, Rep. By its Secretary, No.19A, Rukmani Lakshmipathy Salai, Egmore, Chennai - 600 008. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorari, calling for the records of the 2nd respondent contained in impugned letter CFC/FC/DFC/AAO.HT/ AS.3/REV/D.N.115/13 dated 29.07.2013 and quash the same as arbitrary, illegal and violative of the provisions of the Electricity Act, 2003 and the orders of the TNERC.

For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.S.K.Rameshwar, Standing Counsel for TNEB

O R D E R

The petitioner has come up with this writ petition challenging the impugned letter dated 29.07.2013 issued by the second respondent in CFC/FC/DFC/AAO.HT/AS.3/REV/D.N.115/13.

2.Today when the matter is taken up for hearing, the learned counsel for the petitioner as well as the learned Standing Counsel appearing for the respondents jointly submitted that the issue involved herein is covered by the order wherein this Court by order dated 14.09.2018 in W.P. Nos.5916 of 2014 etc. batch considered the issue in detail and ultimately allowed the writ petitions in favour of the petitioners. The Operative portion of the order reads as follows:

"18. In view of the discussions made in the afore mentioned paragraphs, this Court is of the opinion that the Regulatory Commission has to under take the process of revision either suo-motu or through an application if any filed before the commission and conduct the adjudicative process by issuing notice to all the stakeholders and after hearing the parties aggrieved, decision shall be taken on merits and in accordance with law. The compliance of principles of natural justice has been contemplated in the business regulations, as stated supra. Thus Electricity Regulatory Commission is bound by that and they have to follow the procedures and thereafter take a decision and pass orders on merits and in accordance with law in respect of the withdrawal of the concession of the Deemed Demand Charges in respect of the writ petitioners. However, it is made clear that the observations made in this judgment will not affect the independent adjudication if any undertaken by the Electricity Regulatory Commission in accordance with the procedures contemplated.

The Electricity Regulatory Commission is at liberty to decide the merits and de-merits independently and pass orders without causing undue delay in view of the fact

that the concession has been already cancelled in respect of other categories. Accordingly the impugned order passed by the second respondent in letter No.CFC/FC/DFC/AAO.HT/AS.3/ REV/D.N.115/13 dated 29.07.2013 is quashed and these writ petitions are allowed. No costs. Consequently connected miscellaneous petitions are also closed."

3. Following the said decision, the impugned order stands quashed and this writ petition stands disposed of. Consequently, connected miscellaneous petitions are closed. No costs.

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

1. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), 144, Anna Salai, Chennai - 600 002.

2. Chief Financial Controller/Revenue, TANGEDCO, 144, Anna Salai, Chennai - 600 002.

3.The Superintending Engineer, TANGEDCO, Krishnagiri Electricity Distribution Circle, Krishnagiri.

4. The Secretary, The Tamil Nadu Electricity Regulatory Commission, No.19A, Rukmani Lakshmipathy Salai, Egmore, Chennai - 600 008.

+1cc to Mr.R.S.Pandiyaraj , Advocate SR.No. 75555 +1cc to Mr.M.Varun Kumar , Advocate SR.No. 75570 W.P.No.28019 of 2018 and W.M.P.Nos.32600, 32604, 32610 of 2018 ASK(17/12/2018)