M/S.Sidhi Smelters (P) Ltd., v. Tamil Nadu Electricity
Case brief
What is this about?
Petitioners challenged a superintending engineer's order regarding renewable energy charges under Article 226. The court reviewed a 2009 memo issued by the Tamil Nadu Electricity Board concerning peak hour restrictions and optimum demand. Finding the matter covered by existing instructions and the memo, the court closed the petitions. No costs awarded.
What did the court decide?
None. The writ petitions were closed with no costs awarded as the matter was found covered by existing instructions.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.08.2018
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.Nos.16454 to 16456 of 2010 and M.P.Nos.1, 1 & 1 of 2010
M/s.Sidhi Smelters (P) Ltd., H.T.SC.No.1772, A-3, SIPCOT Industrial Complex, Gummidipoondi-601 201 Thiruvallur District, Rep. By its Business Executive Tmt.Malathy .. Petitioner in WP.No.16454/2010 M/s.A.R.S.Metals, H.T.SC No.1547, D-109, 2nd Floor, L.B.R.Complex, Anna Nagar East, Chennai-600 102, Rep. By its Deputy Director, N.Prabhu ...Petitioner in WP.Nos.16455 and 16456/2010 Vs 1. Tamil Nadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai-600 008, Rep. By its Secretary.
- The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002.
- The Superintending Engineer, Chennai Electricity Distribution Circle/North, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. ... Respondents in all WPs
Writ Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the records of the Third Respondent in Lr.No.SE/CEDC/N/AAO/HT/AS/HTNo.1772/D/10(WP.No.16454/2010), Lr.No.SE/CEDC/N/AAO/HT/AS/HTNo.1547/D/10 (WP.No.16455/2010) and Lr. No.SE/ CEDC / N / AAO / H T / AS / HTNo.1793/D/10 (WP.No.16456/2010)dated 12.05.2010 and quash the same as illegal, arbitrary and against the circular dated 1.11.2008 and 16.03.2009 and consequently direct the third respondent to adjust the amounts collected on 15.06.2010 and 15.07.2010 towards excess charges for consumption during evening peak hours in future consumption bills.
Issues for consideration
1 issue framed by the court
Whether the writ petitions seeking adjustment of peak hour charges against the backdrop of the 2009 government memo require further judicial intervention.
Parties & counsel
- petitioner
M/s. Sidhi Smelters (P) Ltd.
- petitioner
M/s. A.R.S. Metals
- respondent
Tamil Nadu Electricity Regulatory Commission
- respondent
The Chairman, Tamil Nadu Electricity Board
- respondent
The Superintending Engineer, Chennai Electricity Distribution Circle/North
Case details
As recorded by the court registry
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