The petitioners sought declarations regarding the validity of CERC regulations and the actions of respondents in electricity disputes. Upon submission that the matters had become infructuous, the court disposed of the writ petitions as withdrawn without costs.
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.
W.P.Nos.13767, 13772 and 13774 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.Nos.13767, 13772 and 13774 of 2022 and
W.M.P. Nos.13062 and 13063 of 2022 and 38698 of 2024 in W.P.No.13767 of 2022
Madhya Pradesh – 484 330
Also at:
Corporate Office 239, Okhla Industrial Estate Phase III, New Delhi – 110 020 rep. By its Authorised Signatory Mr.Manesh Kumar
2.Tagore Yaragorla ... Petitioners in all WPs
vs
1.Union of India through its Secretary, Ministry of Power, Shram Shakti Bhavan, Rafi Marg, New Delhi – 110 001.
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W.P.Nos.13767, 13772 and 13774 of 2022
3.Central Transmissions Utility of India Limited
Having its Office at: Plot No.2, Sector-29 Gurgaon, Haryana – 122 001.
4.Tamil Nadu Generation and Distribution Corporation Limited, Having its Office at: 144, Anna Salai, NPKRR Maaligai, Chennai – 600 002.
(R6 impleaded vide order dated 27.06.2022 made in W.M.P. Nos.15080, 15087 and 15091 of 2022 in W.P.Nos.13767, 13772 and 13774 of 2022 respectively)
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W.P.Nos.13767, 13772 and 13774 of 2022
Prayer in W.P.No.13767 of 2022: Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Declaration for declaring and striking off Regulation 24 of the Central Regulatory Commission (Grant of Connectivity, Long-Term Access and Medium-Term Open Access in inter-state Transmission and related matters) Regulation, 2009 (“Regulation”) as discriminatory, arbitrary, unreasonable and violative of Articles 14 and 19(1)(g) of the Constitution of India.
Prayer in W.P.No.13772 of 2022: Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Declaration to declare the action of Respondent Nos.2 and 3 in refusing to relinquish the Medium-Term Open Access granted to hold the Petitioner No.1 hostage inspite of the underlying Power Purchase Agreement dated 28.10.2021 having lapsed as illegal, arbitrary, unreasonable and in violation of principles of natural justice.
Prayer in W.P.No.13774 of 2022: Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Declaration to declare that the Petitioner No.1 being the generator whose power will be evacuated through the open access granted by Respondent No.3 to Respondent No.2 as the procurer, is entitled to relinquish the Medium-Term Open Access granted.
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W.P.Nos.13767, 13772 and 13774 of 2022
| For Petitioners : | Mr.P.V.Balasubramanian, Senior Counsel |
|---|---|
| for Mr.Arun C.Mohan and Mr.S.Karthik in all WPs |
|
| For Respondents : | No appearance for R1 in all WPs |
| Mr.Ravi Kishore | |
| for R2 in all WPs Ms.Suparna Srivastava |
|
| for R3 in all WPs Mr.P.Wilson, |
|
| Senior Counsel | |
| for Mr.D.R.Arun Kumar, Standing Counsel |
|
| for R4 in all WPs | |
| Ms.Deepa Chawan and Mr.S.Sreenath |
|
| for R5 in all WPs Mr.T.Mohan, Senior Counsel |
|
| for Ms.Nivedita S.Menon | |
| for R6 in all WPs |
COMMON ORDER
[Order of the Court was made by M.SUNDAR, J .,]
When the captioned matters were taken up, Mr.P.V.Balasubramanian, learned senior counsel instructed by counsel
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W.P.Nos.13767, 13772 and 13774 of 2022
on record for writ petitioners in all three captioned 'Writ Petitions' (hereinafter 'WPs' in plural and 'WP' in singular for the sake of convenience and clarity) is before us.
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W.P.Nos.13767, 13772 and 13774 of 2022
feature in this Court.
instructions submits that the counsel on record for writ petitioners is under instructions from the writ petitioners to withdraw all three WPs on the ground that the same have become infructuous. Learned counsel on record Mr.S.Karthik has made endorsements in the case file and scanned reproduction of the same are as follows:
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W.P.Nos.13767, 13772 and 13774 of 2022
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W.P.Nos.13767, 13772 and 13774 of 2022
Index : Yes / No Neutral Citation : Yes / No mmi
To
2.Central Transmissions Utility of India Limited Having its Office at: Plot No.2, Sector-29 Gurgaon, Haryana – 122 001.
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W.P.Nos.13767, 13772 and 13774 of 2022
3.Tamil Nadu Generation and Distribution Corporation Limited, Having its Office at: 144, Anna Salai, NPKRR Maaligai, Chennai – 600 002.
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W.P.Nos.13767, 13772 and 13774 of 2022
M.SUNDAR, J., and K.RAJASEKAR, J.,
mmi
W.P.Nos.13767, 13772 and 13774 of 2022
02.12.2024
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1 issue framed by the court
Whether the writ petitions challenging regulations and actions of electricity regulators and utilities are maintainable or have become infructuous?
2 provisions across 1 enactments
MB Power (Madhya Pradesh) Limited
Tagore Yaragorla
Union of India
PTC India Limited
Central Transmissions Utility of India Limited
Tamil Nadu Generation and Distribution Corporation Limited
M.Sundar
K.Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
