M/S.Sri Sathu Spinning Mills v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.2670 of 2014 and M.P.(MD)Nos. 1 to 3 of 2014 M/s. Sri Sathu Spinning Mills (P) Limited, Represented by its Authorised Signatory G.Muniasamy, HT SC No.60, 335/1, Bye pass Road, Avaniapuram, Madurai-12.

.. Petitioner Vs.

1. The State of Tamil Nadu, Represented by its Secretary to the Government, Energy Department, Fort St.George, Chennai-600 009.

2. Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Represented by its Chairman and Managing Director, 144, Anna Salai, Chennai-600 002.

3. The Chief Financial Controller/Revenue, Accounts Branch, Revenue Division, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), 144, Anna Salai, Chennai-600 002.

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

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

.. Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned Circular issued by the third respondent in Letter No/CFC/FC/DFC/AAO.HT/AS.3/REV/D.No.115/13 dated 29.07.2013 quash the same and forbear the respondents 1 to 4 from in any manner https://hcservices.ecourts.gov.in/hcservices/

levying demanding and/or collecting Demand Charges without applying Deemed Demand Concept as envisaged in Order No.2 dated 15.05.2006 issued by the fifth respondent from the petitioner for procuring energy from Open Access sources including CPP and third party sources.

For Petitioner : Mr.S.Karunakar For R- 1 : Mr.Murugan, Government Advocate For RR - 2 to 5 : Mr.E.P.Venkateshwar for Mr.SMS.Johnny Basha Standing Counsel for TNEB

O R D E R

The learned counsel appearing for the petitioner has circulated a letter dated 18.04.2017, seeking permission to withdraw this Writ petition and he has also made an endorsement to that effect. 2.In view of the above, this Writ petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To The Secretary to the Government, State of Tamil Nadu, Energy Department, Fort St.George, Chennai-600 009.

+ 1 CC TO Mr.S.KARUNAKAR, ADVOCATE IN SR No. 60935 CP/SSL TE/MR/SAR-III : 29/06/2017 : 2P/3C ORDER MADE IN W.P.(MD).No.2670 of 2014 and M.P.(MD)Nos. 1 to 3 of 2014 19.06.2017 https://hcservices.ecourts.gov.in/hcservices/