The High Court set aside the impugned order and remanded the matter to the Tamil Nadu Electricity Regulatory Commission for fresh consideration after the Appellate Tribunal for Electricity had remanded the matter. The writ petition was allowed.
Impugned order set aside; matter remanded to Tamil Nadu Electricity Regulatory Commission for fresh hearing.
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.
2024:MHC:5721
W.P.No.4735 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.4735 of 2020
and
W.M.P.No.5595 of 2020
Raghav Industries Ltd., HTSC No.176, T.S.No.7, Kattipalayam Village, Elanagar (Post), Thiruchengode, Namakkal – 637212, repd by its Authorised Signatory Mr.N.Renganathan
... Petitioner
Vs.
Tamil Nadu Generation and Distribution Corporation Limited, 10th Floor,
144, Anna Salai, Chennai 600 002.
Page 1 of 7
W.P.No.4735 of 2020
TANGEDCO, 144, Anna Salai, Chennnai – 02.
5.Tamil Nadu Electricity Regulatory Commission, repd. 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 for issuance of a Writ of Certiorari, ca lling for the records of the 3rd respondent's impugned Letter No.SE/TEDC/TIN/DFC/AO/WIND/AS/F.Banking/D.No. 1675/19 dated 16.10.2019 and quash the same as illegal, arbitrary, against the Wind Tariff Orders of the 5th respondent and contrary to Sections 9 and 42 of the Electricity Act, 2003.
For Petitioner : Mr.S.P.Parthasarthy For R1 to R4 : Mr.S.Kalaiselvan Standing Counsel [For TANGEDCO]
O R D E R
The order passed by the 3rd respondent in proceedings dated 16.10.2019 is sought to be quashed in the present writ petition.
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W.P.No.4735 of 2020
petitioner company sought to transfer 574075 units kept in the banking
account of Wind Fan HTSC No.1645 to the banking account of Wind Fan HTSC No.2324 and accordingly, while making allotments of energy to the consumption at HTSC No.176 available in the Namakkal EDC, allotments can be provided from out of the total units available at our banking account, including the 574075 units transferred from the erstwhile windmill of the
petitioner having WF HTSC No.1645. The said request made by the petitioner was rejected and the said order came to be challenged in the present writ proceedings.
“Since the TNERC has erred in holding that
the orders of the Madras High Court in W.P.No.8634 of 2019 dated 17.08.2021 and W.P.(MD).Nos.6221 and 6222 of 2018 are binding, and it could not therefore follow its earlier order in DRP.No.8 of 2009 dated 26.08.2009, the order
Page 3 of 7
W.P.No.4735 of 2020
under appeal must be, and is accordingly, set aside. The matter is remanded to the Commission for its consideration afresh in accordance with law. It is made clear that we have not examined the rival contentions on merits, and have only held that the two judgements of the Madras High Court, on which the TNERC has relied upon, does not bind the Commission. Needless to state that, on the petition being taken up for hearing on remand, parties on either side are at liberty to raise all such contentions as are available to them on merits, and the Commission shall consider the same in accordance with law.”
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W.P.No.4735 of 2020
aside and the matter is remanded back to the Tamil Nadu Electricity Regulatory Commission to be heard along with the other cases, which are posted for hearing on 06.01.2024.
04.01.2024
Jeni Index : Yes Neutral Citation : Yes / No Speaking order
To
1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 10th Floor, 144, Anna Salai, Chennai 600 002.
2.The Superintending Engineer, TANGEDCO, Namakkal Electricity Distribution Circle, Namakkal.
Page 5 of 7
W.P.No.4735 of 2020
3.The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.
repd. by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai – 600 008.
Page 6 of 7
W.P.No.4735 of 2020
S.M.SUBRAMANIAM, J.
Jeni
W.P.No.4735 of 2020
04.01.2024
Page 7 of 7
1 issue framed by the court
Whether the response to the writ petition should await the adjudication by the Electricity Regulatory Commission following remand by the Appellate Tribunal for Electricity?
2 provisions across 2 enactments
Raghav Industries Ltd.
The Chairman, Tamil Nadu Generation and Distribution Corporation Limited
The Superintending Engineer, TANGEDCO, Namakkal Electricity Distribution Circle
The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle
The Chief Engineer/NCES, TANGEDCO
Tamil Nadu Electricity Regulatory Commission
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
