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Madras High CourtWP(MD)/17220/2015allowed

The Southern India Mills v. Tamil Nadu Generation And

2024-11-20Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2024

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and M.P.(MD)Nos.1, 2 and 3 of 2015 The Southern India Mills Association, Represented by its Secretary General, Dr.K.Selvaraju, Regional Office at Door No.1066, Tenkasi Road, Rajapalayam - 626 117.

...Petitioner

Vs 1.Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Represented by its Chairman and Managing Director, 144, Anna Salai, Chennai - 600 002.

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

3.The Superintending Engineer, Tirunelveli Electricity Distribution Circle (TEDC)/Tirunelveli Circle, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Tirunelveli - 627 011.

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4.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 praying this Court to issue a Writ of Certiorari, calling for the records of the second respondent culminating in his impugned Lr.No.CFC/REV/FC/AS.3/D.No.197/15 dated 30.05.2015, quash the same.

For Petitioner : Mr.N.L.Rajah For R-1 to R-3 : Mr.S.Deenadhayalan Standing Counsel For R-4 : No Appearance

O R D E R

Heard Mr.N.L.Rajah, learned counsel for the petitioner and Mr.S.Deenadhayalan, learned Standing Counsel for the respondents 1 to 3.

2. This Writ Petition has been filed challenging the order of the second respondent in Lr.No.CFC/REV/FC/AS.3/D.No.197/15 dated 30.05.2015.

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3. When the matter was taken up for hearing, the learned Senior counsel for the petitioner as well as the learned Counsel for the respondents 1 to 3, would submit that the issue raised in this Writ Petition is squarely covered by the judgment of this Court made in a batch of Writ Petitions in W.P.(MD)Nos.17091 of 2015 etc., dated 27.04.2023. I am also satisfied that the issue raised in this Writ Petition is covered by the judgment stated supra.

4. In the light of the judgment passed by this Court in W.P.(MD)Nos.17091 of 2015 etc., dated 27.04.2023, the impugned order dated 30.05.2015 is liable to be set aside and accordingly set aside.

5. In view of the above, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

20.11.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr 3/5

To:

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

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

3.The Superintending Engineer, Tirunelveli Electricity Distribution Circle (TEDC)/Tirunelveli Circle, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Tirunelveli - 627 011.

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

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K.KUMARESH BABU , J.

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