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9.The petitioners on the one hand are contending that the charges are meant for the usage of facilities/infrastructure provided by the respondents and the respondents on the other hand are contending that these are fixed charges payable for the maintenance of the facilities irrespective of the usage. The various technical details that have been raised on either side with regard to the usage or otherwise of the facilities/infrastructure, can be properly appreciated by TNERC, which is an expert body constituted under the Act. Even the agreement between http://www.judis.nic.in W.P.Nos.7737, 7738, 7739, etc of 2020 the parties provides that the parties can approach the Regulatory Commission, in case of any disputes. This Court does not want to go into the issue raised by the petitioners to the effect that there is no dispute in this case. Even if the case involves only interpretation of the regulations and enforcement of the same, it can be safely left to the decision of the Regulatory Commission. Therefore, this Court deems it fit to place these issues before the TNERC and give a direction to decide the issues after hearing both the parties within the time frame fixed by this Court. This exercise clearly falls within the adjudicatory function of the State Commission.

11.In the result, all these writ petitions are disposed of with the following directions:

(a) The issues involved in these writ petitions viz., whether the petitioners are liable to pay the open access charges during the lock-

down period under the Grid Connectivity and Intra-State Open Access Regulations, 2014 and under the Agreements entered into between the parties, are referred to the TNERC and the TNERC is directed to adjudicate upon hearing the parties and pass final orders.

(b) the TNERC shall issue notice to both the petitioners as well as to the respondents herein and fix a date and direct them to submit their written submissions and also hear the counsel appearing on either side, if they insist for oral arguments also.

© the TNERC shall pass final orders within a period of four weeks from the date of commencement of the proceedings and http://www.judis.nic.in W.P.Nos.7737, 7738, 7739, etc of 2020

(d) the protection given by this Court while passing interim orders on 12.06.2020 shall continue until final orders are passed by TNERC. Thereafter, the orders passed by TNERC shall determine the liability of the petitioners.

No costs. Consequently, connected miscellaneous petitions are closed.

17.09.2020 Note: Registry is directed to mark a copy of this order to The Chairman, TNERC.