The Ramco Cements Ltd v. Tamil Nadu Generation
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD) Nos. 16761 & 18721 of 2019 in W.P.(MD)No. 16761 of 2019 and W.M.P.(MD).Nos.15080 and 15082 of 2019 in W.P.(MD)No. 18721 of 2019 W.P.(MD) Nos. 16761 of 2019 The Ramco Cements Limited, Represented by its Senior Manager-Legal, 'RAMAMANDIRAM', Virudhunagar District, Rajapalayam-626 117.
... Petitioner vs.
1.Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Represented by its Chairman and Managing Director, No.144, Anna Salai, Chennai-600 002.
2.The Chief Financial Controller / Revenue, TANGEDCO, No.800, Anna Salai, Chennai-600 002.
3.The Superintending Engineer, Virudhunagar Electricity Distribution Circle, Virudhunagar.
4.The Superintending Engineer, Perambalur Electricity Distribution Circle, Perambalur.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, restraining the respondents 3 and 4, their men and agents from in any manner seeking to enforce demands or seek payments with respect to parallel operation charges in respect of the petitioner HT SC No.23, HT SC.NO.69, EHT SC No.43, purportedly under Regulation 26 of the Tamil Nadu Electricity Regulatory Commission Grid Connectivity and Intra-State Open Access Regulations 2014, until final determination of the issue in the appellate proceedings before the Appellate Tribunal for Electricity 1/3
in proceedings before it.
For Petitioner :
Mr.R.Parthasarathy For Respondents : Mr.G.Kasinathadurai Standing Counsel for TNEB W.P.(MD) Nos. 18721 of 2019 Rajshree Sugars & Chemicals Limited, Represented by its President, 338/8, Avinashi Road, Peelamedu, Coimbatore-641 004.
... Petitioner vs.
1.Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Represented by its Chairman and Managing Director, No.144, Anna Salai, Chennai-600 002.
2.The Chief Financial Controller / Revenue, TANGEDCO, No.800, Anna Salai, Chennai-600 002.
3.The Superintending Engineer, Theni Electricity Distribution Circle, Theni.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, Calling for the records comprised in the demand notice in Lr.No.SE/TEDC/TNI/DFC/AO/R/AS/HT/F.HT 41/Dno 36/19 dated 23.05.2019 and the consequential demand notice in Lr.No SE/TEDC/TNI/DFC/AO/R/AS/HT//F.HT41/DNO 84/19 dated 03.08.2019 issued by the third Respondent and quash the same as being arbitrary and illegal and consequently direct the respondents not to enforce demands or seek payments with respect to parallel operation charges until final determination of the issue in the appellate proceedings before the Honourable Appellate Tribunal for electricity in proceedings before it.
For Petitioner :
Mr.R.Parthasarathy 2/3
For Respondents : Mr.M.Rajeswari for Mr.S.M.S.Johny Basha for TNEB C O M M O N O R D E R The learned counsel appearing for the petitioners would submit that stay was granted by the Appellate Tribunal and also seeks permission of this Court to withdraw the Writ Petitions and he has also made an endorsement to that effect.
2.In view of the endorsement so made, the Writ Petitions stands dismissed as withdrawn. No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) Ksa +1 CC to M/s.G.KASINATHADURAI, Advocate ( SR-90715[F] dated 01/10/2019 ) W.P.(MD) No.Nos. 16761 & 18721 of 2019 30.09.2019 KK/SAR/04.11.2019/3P-2C/ 3/3