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Santhi Castings Works HTSC , Coimbatore District Rep. By its Manager M.Bakthavachalam v/s Tamil Nadu Electricity Regulatory Commission, Rep. By its Secretary & Others

    W.P.No.22738 of 2009 and M.P.Nos.1 and 2 of 2009, W.P.No.23526 of 2009 and M.P.Nos.1 and 2 of 2009, W.P.No.23527 of 2009 and M.P.Nos.1 and 2 of 2009, W.P. No.1368 of 2010 and M.P.Nos.1 to 3 of 2010, W.P.No.1737of 2010 and M.P.Nos. 1 to 4 of 2010, W.P.No.1944 2010 and M.P.Nos. 2 and 3 of 2010, W.P.No.1945 2010 and M.P.Nos. 1 and 2 of 2010, W.P.No.1228 2010 and M.P.Nos. 1 to 4 of 2010, W.P.No.1229 2010 and M.P.Nos. 1 to 4 of 2010

    Decided On, 02 February 2010

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE M. JAICHANDREN

    For the Petitioner : R.S. Pandiyaraj, Advocate. For the Respondents : P.S. Raman, Advocate General for R2 & R3 J. Ravindran, Advocate.



Judgment Text

(PRAYER: Petition filed under Article 226 of The Constitution of India to issue a Writ of Certiorari to call for the records of the third respondent in his Notice No.SE/CEDC/N/AEE.GI/AE-II/F.HT R & C/D 1570/09, dated 26.10.2009, and quash the same as illegal, arbitrary, without authority of law.


PRAYER: Petition filed under Article 226 of The Constitution of India to issue a Writ of Certiorari to call for the records of the third respondent in his Notice No.SE/CEDC/M/DFC/AO/R/HT/R&C/F.Cont.Process Ind/09, dated 23.10.2009 and quash the same as illegal, arbitrary, without authority of law.


PRAYER: Petition filed under Article 226 of The Constitution of India to issue a Writ of Certiorari to call for the records of the third respondent in his Notice No.SE/CEDC/N/AEE.GI/AE-II/F.HT R 7 C/D1570/09, dated 26.10.2009 and quash the same as illegal, arbitrary, without authority of law.


PRAYER: Petition filed under Article 226 of The Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records of the third respondent in Letter No.SE/CEDC/N/AEE,GI/AE-II/F.HT R & C/D1570/09, dated 26.10.2009, issued by the third respondent, SE/EDC/N/CBE/AO/REV/HT/F Windmill Quota/09, dated Nil/12/09, and the consequential refixation of quota and the demand towards old energy charges and old demand charges as set out in the CC Bill, dated 1.1.2010 and quash the same as illegal, arbitrary, without authority of law and consequently direct the respondents to permit the petitioner to run their industry continuously in optimum demand with restricted power holidays without evening peak hour restrictions as permitted in clause 1(n) of memo dated 1.11.2008, issued by the second respondent.


PRAYER: Petition filed under Article 226 of The Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records of the third respondent in Letter No.SE/CEDC/N/AEE,GI/AE-II/F.HT R & C/D1322/09, dated Ni.09.2009, issued by the third respondent, and the consequential refixation of quota and the demand towards old energy charges and old demand charges as set out in the CC Bill, dated 1.1.2010 issued by the fourth respondent and quash the same as illegal, arbitrary, without authority of law and consequently direct the respondents to permit the petitioner to run their industry continuously in optimum demand with restricted power holidays without evening peak hour restrictions as permitted in clause 1(n) of memo dated 1.11.2008, issued by the second respondent.


PRAYER: Petition filed under Article 226 of The Constitution of India to issue a Writ of Certiorari to call for the records of the third respondent in Lr.No.SE/CEDC/N/AEE GL/F.Power Cut/D2179/09, dated 4.12.2009, and quash the same as illegal, arbitrary and without authority of law.


PRAYER: Petition filed under Article 226 of The Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the third respondent in his notice No.SE/CEDC/N/AEE.G1/AEII/F HT R & C/D1570/09, dated 26.10.09, the consequential refixation of quota as set out in the C.C.Bill, dated Nil.12.2009, and demand towards old energy charges and old demand charges as set out in the CC Bill, dated 1.1.2010 and quash the same as illegal, arbitrary without authority of law and consequently direct the respondents to permit the petitioner to run their industry continuously in optimum demand with restricted power holidays without evening peak hour restrictions as permitted in Clause (n) of Memo, dated 25.9.2009, issued by the second respondent.


PRAYER: Petition filed under Article 226 of The Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records of the third respondent in Lr.No.SED/Gen./F.H.T.Sc.No.302/D2019/09, dated 31.2.2009 and quash the same as illegal, arbitrary and without authority of law and consequently, direct the third respondent to permit the petitioner industry in H.T.Sc.No.302 to avail the optimum demand of 6600 K.V.A and without peak hour restriction as was allowed on 23.6.2009.


PRAYER: Petition filed under Article 226 of The Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records of the third respondent in Lr.No.SE/CEDC/N/AEE GL/F.Power Cut/D2176/09, dated 3.12.2009, and quash the same as illegal, arbitrary and without authority of law and consequently, direct the third respondent to permit the petitioner industry in H.T.Sc.No.1601 to avail the optimum demand of 3164 K.V.A. Without peak hour restriction as was allowed on 4.11.2009. )


These writ petitions are relating to the Optimum Demand concept.


2. The main grievance of the petitioners is with regard to the restriction and control measures, imposed by the respondent Tamil Nadu Electricity Board, on the Optimum Demand concept, including the cancellation of the Optimum Demand, already sanctioned to the petitioners.


3. It is also noted that certain other related issues have also arisen for the consideration of this Court. Various grounds have been raised by the petitioners, in challenging the impugned proceedings of the respondent Tamil Nadu Electricity Board. However, at the time of the hearing of the writ petitions, the learned counsels appearing on behalf of the petitioners, as well as the learned Advocate General, Mr.P.S.Raman, appearing on behalf of the respondent Tamil Nadu Electricity Board, had stated that the issues arising for the consideration of this Court co uld be resolved before the Tamil Nadu Electricity Regulatory Commission, Chennai.


4. In view of such submission being made, on behalf of the parties concerned, the Registry is directed to transfer all the connected writ petitions, along with the relevant records, to the Tamil Nadu Electricity Regulatory Commission, Chennai, forthwith. On such transfer being made, the Tamil Nadu Electricity Regulatory Commission, Chennai, is directed to consider the issues raised in the writ petitions and to pass appropriate orders thereon, within a period of fifteen days thereafter, on merits and i

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n accordance with law, after giving an opportunity of hearing to the petitioners, as well as to the respondent Tamil Nadu Electricity Board. The petitioners shall cooperate in the proceedings to be conducted by the Tamil Nadu Electricity Regulatory Commission, Chennai. 5. The respondent Tamil Nadu Electricity Board undertakes to continue the Optimum Demand concept, in so far as the petitioners are concerned, till the Tamil Nadu Electricity Regulatory Commission, Chennai, passes appropriate orders, as directed by this Court, by this order. The writ petitions are ordered accordingly. No costs. Consequently, connected miscellaneous petitions are closed.
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