Madras High Court
M/S.Ragu Rama Renewable Energy Ltd vs The Tamil Nadu Generation And ... on 13 November, 2019
Author: T.Raja
Bench: T.Raja
W.P.No.4815 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.11.2019
CORAM:
THE HON'BLE MR. JUSTICE T.RAJA
W.P.No.4815 of 2013
M/s.Ragu Rama Renewable Energy Ltd.,
Having its Administrative Office at
New No.20, Old No.129, Chamiers Road,
Nandanam, Chennai – 35.
Rep. By its President (Commercial & Legal). .. Petitioner
Vs
1.The Tamil Nadu Generation and Distribution
Corporation Limited (TANGEDCO),
Rep. By its Chairman & Managing Director,
NPKRR Maaligai, 10th floor,
No.144, Anna Salai,
Chennai – 2.
2.The Superintending Engineer,
The Tamil Nadu Generation and Distribution
Corporation Limited (TANGEDCO),
Ramnad Electricity Distribution Circle,
Ramanathapuram. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a
writ of certiorari to call for the records relating to the proceeding of the second
respondent viz. (i) Proceedings
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W.P.No.4815 of 2013
No.SE/REDC/RMD/DFC/HT/AS/F.PPA/D.No.307/2012, dated 31.07.2012, (ii)
Proceedings No.SE/REDC/RMD/DFC/HT/AS/F.PPA/D.No.307-1/2012, dated
13.12.2012 and (iii) Proceedings
No.SE/REDC/RMD/DFC/HT/AS/F.PPA/D.No.307-2/2013, dated 19.01.2013 and
quash the same.
For petitioner : Mr.Anirudh Krishnan
For Respondents : Mr.S.K.Raameshwar, Standing Counsel
ORDER
The issue raised in the present writ petition, whether the undertaking dated 30.11.2004 given by the petitioner Company stating that the billing for demand and energy charges will paid by them as decided by the Tamil Nadu Electricity Regulatory Commission (TNERC) with retrospective effect, is covered by the order dated 15.05.2006 passed in Petition No.T.P.1 of 2005 by the TNERC, Chennai, or not?
2. It is claimed by the petitioner Company that the TNERC, in its order dated 15.05.2006, has decided the issue in their favour, however, the same has been disputed by the respondents/TANGEDCO. Therefore, in all fairness, the matter needs to be examined by the TNERC to decide the issue on merits.
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3. Accordingly, this matter is remanded back to the TNERC, which, after hearing both the parties, shall pass an order on merits and in accordance with law as expeditiously as possible. Till such time, the interim order already passed by this Court shall continue. In fine, the writ petition stands disposed of.
No Costs. M.P.No.2 of 2013 is closed.
13.11.2019 rkm To
1.The Chairman & Managing Director, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), NPKRR Maaligai, 10th floor, No.144, Anna Salai, Chennai – 2.
2.The Superintending Engineer, The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Ramnad Electricity Distribution Circle, Ramanathapuram.
Jai Nagar (Post), Tiruppur – 641 606.
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