IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 11.3.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.5035 of 2010 and M.P.Nos.1 and 2 of 2010 Aruna Alloy Steels Pvt. Ltd., Melur Road, Olaganeri Village, Madurai-625 107. ... Petitioner -Vs.- 1.Tamil Nadu Electricity Board, represented by its Chairman, Chennai-600 002. 2.The Superintending Engineer, Madurai Electricity Distribution Circle, Madurai-7. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records of the first respondent culminating in its Memo No.CE/Comml./EE/DSM/AEE/PMM/F.Power cut/D.394/09 dated 31.8.2009 and to quash the same is unreasonable, arbitrary and consequently unconstitutional and also since no sanction has been obtained by the respondent from the Tamil Nadu Electricity Regulatory Commissioner (TNERC) for imposing the conditions stated therein. For petitioner : Mr.N.L.Rajah For respondents : Mr.A.Selvendran O R D E R Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records of the first respondent culminating in its Memo No.CE/Comml./EE/DSM/AEE/PMM/F.Power cut/D.394/09 dated 31.8.2009 and to quash the same is unreasonable, arbitrary and consequently unconstitutional and also since no sanction has been https://hcservices.ecourts.gov.in/hcservices/ obtained by the respondent from the Tamil Nadu Electricity Regulatory Commissioner (TNERC) for imposing the conditions stated therein. 2. The relief sought for in the writ petition is with regard to cancellation of optimum demand sanctioned earlier. The main grievance of the petitioner is that the Board has earlier sanctioned all the facilities of optimum demand, which was cancelled and they seek to impose restriction during evening peak hours. 3. This issue was considered by this Court in W.P.No.22738 of 2009, etc., on 2.2.2010 and by consent and the matters were remanded to the Tamil Nadu Electricity Regulatory Commission, Chennai. In W.P.No.22738 of 2009, this Court passed the following orders:- "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 in 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 concerned, till the Tamil Nadu Electricity Regulatory Commission, Chennai, passes appropriate orders, as directed by this Court, by this Order. 4. It is now stated by the learned counsel appearing on either side that as directed by this Court as above, many of the matters are before the Tamil Nadu Electricity Regulatory Commission, Chennai. Therefore, the present writ petitions can also be transferred to the Tamil Nadu Electricity Regulatory Commission, Chennai on the same terms. https://hcservices.ecourts.gov.in/hcservices/ 5. In such view of the matter, the Writ Petition is ordered on the terms and conditions as ordered by this Court on 2.2.2010 in W.P.No.22738 of 2009. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar ts To 1.The Chairman, Tamil Nadu Electricity Board, Chennai-600 002. 2.The Superintending Engineer, Madurai Electricity Distribution Circle, Madurai-7. + 1 cc to Mr.N.L.Rajah,Advocate,SR.16687 W.P.No.5035 of 2010 RB(CO) EM/17.3.10 https://hcservices.ecourts.gov.in/hcservices/