Eveready Spinning Mills Pvt. v. Tamil Nadu Electricity Board,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2022 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI and M.P.(MD)Nos.2(3) & 3(3) of 2009 Eveready Spinning Mills Pvt. Ltd., Rep. by its General Manager, 12, Jothi Theatre Road, Tirupur.

: Petitioner in WP(MD)9682/2009 Mani Spinning Mills Pvt. Ltd. (Unit I), 12, Jothi Theatre Road, Tirupur.

: Petitioner in WP(MD)9683/2009 Mani Spinning Mills Pvt. Ltd. (Unit II), (Formerly Fishers Spinning Mills (P) Ltd.,) 12, Jothi Theatre Road, Tirpur.

: Petitioner in WP(MD)9684/2009 Vs.

1.Tamil Nadu Electricity Board, Rep. by its Chairman, Anna Salai, Chennai - 600 002.

2.The Chief Engineer / Commercial, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai - 600 002.

3.The Tamil Nadu Electricity Regulatory Commission, Anna Salai, Chennai.

4.The Superintending Engineer, Tamil Nadu Electricity Board, Tirunelveli Electricity Distribution Circle, Tirunelveli.

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5.The Superintending Engineer, Dindigul Electricity Distribution Circle, Dindigul.

6.The Assistant Executive Engineer, Tamil Nadu Electricity Board, North / TNEB, Dindigul.

: Respondents in all WPs COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings of the sixth respondent in Lr.No.AEE/N/DGL/F.HT/D.No.Camp/2009, dated 23.09.2009, quash the same and consequently directing the respondents to provide uninterrupted electricity supply to the petitioner and permit drawal of energy during evening peak hours pending disposal of the application before the third respondent.

[In all WPs] For Petitioners :Mr.S.Raveekumar For Respondents :Mr.S.Deenadhayalan ***** C O M M O N O R D E R These writ petitions are filed by the petitioners as against the proceedings of the sixth respondent dated 23.09.2009 and for a consequential direction to the respondents to provide uninterrupted electricity supply and also to permit the petitioners to draw energy even during peak hours.

2.Learned Counsel for the respondents submitted that there was a power crisis in the year 2009 and therefore, certain restrictions and control measures were imposed by the respondents Board. One of the restrictions is that during the peak hours, the industrial units have to avail only minimum power supply for lighting and security purpose. However, during the inspection on 23.09.2009 at 10.46 hours, it was found that maximum supply was utilized by the petitioners and therefore, the impugned notices were issued refixing the quota as 5% of the original quota and directing the petitioners to draw power within the revised quota for the next 48 hours. 3.He further submitted that this was the position in the year 2009 and as on date, the situation has developed a lot and they are providing electricity supply to all types of industrial units, without any interruptions.

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4.In view of the aforesaid submission made by the learned Counsel for the respondents as to the present day situation and considering the passage of time, no further order is required to be passed in these writ petitions and the same are, accordingly, closed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) gk +3 CC to M/s.S.DEENADHAYALAN, Advocate ( SR-16661 to 16663[F] dated 05/04/2022 ) ks(CO) TR(19.04.2022) 3P 4C 3/3