M/S.V.V.D. And Sons Private v. Tamil Nadu Electricity

1 W.P.(MD)NO. 13156 OF 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.02.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.13156 of 2011 and M.P.(MD)Nos.2 & 3 of 2011 M/s.V.V.D. and Sons Private Limited, Rep. by its Director, 182, Palayamkottai Road, Tuticorin - 628 003.

... Petitioner Vs.

1. Tamil Nadu Electricity Board(TNEB), Rep. by its Chairman,

2. Tamil Nadu Generation and Distribution Corporation Limited(TANGEDCO), Rep. by its Chairman and Managing Director,

3. The Superintending Engineer, Tuticorin Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited(TANGEDCO), Tuticorin.

4. Tamil Nadu Electricity Regulatory Commission(TNERC), Rep. by its Secretary, 19-A, Rukmini Lakshmipathy Salai, Marshall's Road, Egmore, Chennai - 600 008. ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the third respondent culminating in his impugned proceedings bearing Lr.No.32/SE/TEDC/TTN/AO/ Rev/A1/ F.A.S.No.35&37 dated 08.09.2011 quash the same and further direct respondents 1 to 3 not to claim any excess demand and/or excess energy charges from the petitioner without obtaining prior sanction from the fourth respondent.

For Petitioner : Mr.Arun Anbumani, for Mr.S.Srinivasa Raghavan.

For R-1 to R-3 : Mrs.M.Parameswari, for Mr.S.M.S.Johny Basha.

For R-4 : No appearance.

1/3

2 W.P.(MD)NO. 13156 OF 2011

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Standing counsel appearing for respondents 1 to 3.

2. The petitioner apart from using the power supplied by the TANGEDCO, also used the power generated by its wind mill. The petitioner felt aggrieved by the withdrawal of the optimum demand concept that was originally in place. The petitioner and the similarly placed consumers moved the Tamil Nadu Electricity Regulatory Commission which set aside the withdrawal of the notification issued by the Tamil Nadu Electricity Board. This order passed by the Regulatory Commission appears to have been confirmed by the High Court in collateral proceedings.

3. The Superintending Engineer, Tuticorin Electricity Distribution Circle, Tuticorin, has sent a communication to the petitioner vide letter dated 30.07.2020 informing him that they had already withdrawn the impugned demand. In fact the official regrets that the petitioner has not withdrawn the present writ petition.

4. In view of the stand now taken by respondents 1 to 3, the cause of action no longer survives. Recording the stand taken by the third respondent vide letter dated 30.07.2020, this writ petition stands closed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Chairman, Tamil Nadu Electricity Board(TNEB), 2/3

3 W.P.(MD)NO. 13156 OF 2011 2.The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Limited(TANGEDCO),

3. The Superintending Engineer, Tuticorin Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited(TANGEDCO), Tuticorin.

4.The Secretary, Tamil Nadu Electricity Regulatory Commission(TNERC), 19-A, Rukmini Lakshmipathy Salai, Marshall's Road, Egmore, Chennai - 600 008.

+1 CC to Mr.S.SRINIVASA RAGHAVAN, Advocate ( SR-3646[F] dated 08/02/2021 ) W.P.(MD)No.13156 of 2011 04.02.2021 (KM) KV(16.02.2021) 3P 6C 3/3