Madras High Court
M/S.Arkay Energy (Rameswaram) vs The Tamil Nadu Electricity Board on 4 March, 2020
Author: T.S.Sivagnanam
Bench: T.S.Sivagnanam
WP.No.16978 of 2009
In the High Court of Judicature at Madras
Dated : 04.3.2020
Coram
The Honourable Mr.Justice T.S.SIVAGNANAM
Writ Petition No.16978 of 2009
M/s.Arkay Energy (Rameswaram)
Ltd., rep.by its Vice President
(Commercial & Legal) ...Petitioner
Vs
1.The Tamil Nadu Electricity Board,
rep.by its Chairman, No.144,
Anna Salai, Chennai-2.
2.The Member (Generation),
Tamil Nadu Electricity Board,
No.144, Anna Salai, Chennai-2.
3.The Superintending Engineer,
Tamil Nadu Electricity Board,
Ramnad Electricity Distribution
Circle, Ramnad.
4.M/s.Sundaram Clayton Ltd., rep.
By its Senior Manager – Legal,
Chennai-6.
5.M/s.Futura Polyesters Ltd., rep.
By its Joint Executive President,
Chennai-68.
6.Madura Coats (P) Ltd., rep.by
its Manager – Excise & Legal,
Madurai-1.
(R4 to R6 were impleaded as per order dated
28.8.2009 by KVJ vide MP.Nos.4 to 6 of 2009)
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WP.No.16978 of 2009
7.M/s.Tractors & Farm Equipment Ltd.,
rep.by its Managing Director,
Chennai-11.
8.India Pistons Ltd., rep.by its
Director Mr.K.V.Shetty,
Chennai-11.
(R7 & R8 were impleaded as per order of court
dated 14.12.2009 by KCJ vide MP.Nos.7 & 8 of 2009)
...Respondents
PETITION under Article 226 of The Constitution of India praying for
issuance of a Writ of Certiorarified Mandamus to call for the records of the
second respondent in CE/PPP/SE/PP/EE/AEE2/CPP2/F.M/s.Arkay Vol.14/ D.
463.09 dated 31.7.2009 and the demands issued by the third respondent
under instructions and consequent to orders of the second respondent in its
Lr.No.SE/REDC/RMD/DFC/RCS/AS/Asst/F.M/s.Arkay Energy/D.487/09 dated
17.6.2009; Lr.No.SE/REDC/RMD/DFC/RCS/AS/Asst/F.M/s.Arkay Energy/D.
No.62409 dated 04.7.2009; Lr.No.SE/REDC/RMD/DFC/R/AS/Asst/RCS/F.
CPP/Arkay D.597/09 dated 17.7.2009; Lr.No.SE/REDC/RMD/DFC/RCS/AS/
Asst/ F.M/s.Arkay Energy/D.673/09 dated 17.8.2009, quash the same as
being arbitrary and illegal and consequently direct the respondents to treat
the petitioner as a generating station effective 01.4.2009 and to treat the
energy wheeling agreement dated 17.7.2008 as automatically terminated
effective 01.4.2009 with no changes being payable under the said agreement
from such date.
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WP.No.16978 of 2009
For Petitioner : Mr.Rahul Balaji
For Respondents 1 to 3 : Mr.S.K.Rameshwar
For Respondents 4 & 5 : M/s.Sarvabhauman Associates
For Respondent-6 : Mr.P.R.Raman
For Respondents 7 & 8 : M/s.S.Ramasubramanian Associates
ORDER
Learned counsel for the petitioner had given a letter dated 02.1.2020 to the Registry seeking to list the above writ petition for withdrawal. Hence, the writ petition is listed today under the caption 'for withdrawal'. Today, when the case is called, a similar request is made to that effect.
2. Hence, the above writ petition is dismissed as withdrawn. No costs.
04.3.2020 To
1.The Chairman, Tamil Nadu Electricity Board, No.144,Anna Salai, Chennai-2.
2.The Member (Generation), Tamil Nadu Electricity Board, No.144, Anna Salai, Chennai-2.
3.The Superintending Engineer, Tamil Nadu Electricity Board, Ramnad Electricity Distribution Circle, Ramnad.
RS 3/4 http://www.judis.nic.in WP.No.16978 of 2009 T.S.SIVAGNANAM,J RS WP.No.16978 of 2009 04.3.2020 4/4 http://www.judis.nic.in