Petitioners filed a writ petition challenging specific regulations under the Electricity Act, 2003. The petitioners sought withdrawal of the matter. The High Court permitted the withdrawal and dismissed the writ petition accordingly.
Writ petition dismissed as withdrawn; connected miscellaneous petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.08.2015
CORAM
THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN
W.P. No. 21166 of 2013 & M.P. Nos. 1 & 2 of 2013
(R7 suo motu impleaded as per order dated 01.08.2013 by DHPJ in W.P. No. 21166 of 2013) ...Respondents Prayer: Petition under Article 226 of the Constitution of India praying for issue of a Writ of Declaration declaring Regulation 6.5.23(i) and Para 5 & 9 of complimentary Commercial Mechanism contained in Annexure I of the Central Electricity Regulatory Commission (Indian Electricity Grid) Regulations, 2010 as unconstitutional being violative of Articles 14 and 19(1)(g) of the Constitution of India and/or ultra vires to the objects and provisions of the Electricity Act, 2003 and consequently declare that National Load Despatch Centre, POSOCO has no authority in law to frame "Procedure for implementation of the Mechanism of Renewable Regulatory Fund" as it has no regulation making power and subdelegation to it by CERC of its functions to make regulations is bad in law and quash the said procedure framed by National Load Despatch Centre.
For Petitioners : Mr.Rahul Balaji For Respondents : Mr.M. Aravind Kumar for R1
Mrs.M.E. Rani Selvam for R2 Mr.T. Mohan for R3 Mr.Abdul Saleem for R4
O R D E R
Learned counsel for the petitioners seeks permission of this Court to withdraw the writ petition and he has also made an endorsement to that effect. Accordingly, the writ petition is dismissed as withdrawn. No costs. Connected M.Ps are closed.
Sd/Assistant Registrar(CS-V)
//True Copy//
Sub Assistant Registrar
nv
To
1. The Secretary to the Government,
Ministry of new and Renewable Energy,
Block No. 14, CGO Complex,
Lodi Road, New Delhi – 110 003.
2. State of Tamil Nadu,
rep. by the Secretary to the Government,
Energy Department,
Fort St. George,
Chennai – 600 009.
3. Central Electricity Regulatory Commission,
3 rd and 4 th Floor, Chanderlok Building,
36, Janpath, New Delhi – 110 001.
4. Tamil Nadu Electricity Regulatory Commission,
through its Secretary,
No.19A, Rukmini Lakshmipathy Salai,
Egmore, Chennai – 600 008.
5. Tamil Nadu Generation and
Distribution Corporation Limited,
144, Anna Salai,
Chennai – 600 002.
1 CC to Mr.T. Mohan, Advocate SR.No. 40882
W.P. No. 21166 of 2013
EV (CO)
PSI (20.08.2015)
3 provisions across 2 enactments
Indian Wind Power Association
Brilliant Bio Pharma Limited
Precot Meridian Limited
Pioneer Jellice India Private Limited
The Andhra Sugars Limited
Natesan Synchrocones Private Limited
N. Kirubakaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
