IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 02.02.2010 CORAM THE HONOURABLE MR. JUSTICE M.JAICHANDREN 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 Santhi Castings Works HTSC No.304, Kumarapuram, Narasimnaickenpalayam, Post, P.B.No.5506, Coimbatore District Rep. By its Manager M.Bakthavachalam .. Petitioner in W.P.22738/09 Versus 1. Tamil Nadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai (Marshall's Road), Egmore, Chennai-600 008, Rep. By its Secretary. 2.The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Coimbatore Electricity Distribution Circle(N), Tamil Nadu Electricity Board, Coimbatore-12. .. Respondents. 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. For Petitioner : Mr.R.S.Pandiyaraj https://hcservices.ecourts.gov.in/hcservices/ For Respondents : No Appearance (R1) Mr.P.S.Raman Advocate General for Mr.J.Ravindran (R2 & R3) W.P.No.23526 of 2009 Sendhur Alloys Foundry, HTSC No.252, 7/1g Avinashi Road, Thottipalayam Pirivu Coimbatore District Repd. By its Parnter M.C.Kumar .. Petitioner. Versus 1. Tamil Nadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai (Marshall's Road), Egmore, Chennai-600 008, Rep. By its Secretary. 2.The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Coimbatore Electricity Distribution Circle(Metro), Tamil Nadu Electricity Board, Coimbatore-12. .. Respondents. 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. For Petitioner : Mr.R.S.Pandiyaraj For Respondents : No Appearance (R1) Mr.P.S.Raman Advocate General for Mr.J.Ravindran (R2 & R3) W.P.No.23527 of 2009 Ramprasad Tubes & Bars (P) Ltd. 818/1 Samanaickenpalayam No.4, Veerapandi (PO), Coimbatore District, Rep. By its Manager, R.Sridaran .. Petitioner. https://hcservices.ecourts.gov.in/hcservices/ Versus 1. Tamil Nadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai (Marshall's Road), Egmore, Chennai-600 008, Rep. By its Secretary. 2.The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Coimbatore Electricity Distribution Circle(N), Tamil Nadu Electricity Board, Coimbatore-12. .. Respondents. 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/D1570/09, dated 26.10.2009 and quash the same as illegal, arbitrary, without authority of law. For Petitioner : Mr.R.S.Pandiyaraj For Respondents : No Appearance (R1) Mr.P.S.Raman Advocate General for Mr.J.Ravindran (R2 & R3) W.P.No.1228 of 2010: Rajinikanth Foundation 603-C Block, Pioneer Complex, No.1075, Avinashi Road, Coimbatore. .. Petitioner. Versus 1. Tamil Nadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai (Marshall's Road), Egmore, Chennai-600 008, Rep. By its Secretary. 2. Tamil Nadu Electricity Board, represented by its Chairman, 144, Anna Salai, Chennai-2. https://hcservices.ecourts.gov.in/hcservices/ 3.The Superintending Engineer, Coimbatore Electricity Distribution Circle(N), Tamil Nadu Electricity Board, Coimbatore. 4.The Accounts Officer/Revenue Coimbatore Elec. Distribution, Circle (N) Tamil Nadu Electricity Board, Coimbatore. .. Respondents. 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, SEC/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. For Petitioner : Mr.Satish Parasaran For Respondents : No Appearance (R1) Mr.P.S.Raman Advocate General for Mr.J.Ravindran (R2 to R4) W.P.No.1229 of 2010: Rangamma Steels and Maileables, 603-C-Block, Pioneer Complex, No.1075, Avinashi Road, Coimbatore. .. Petitioner. Versus 1. Tamil Nadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai (Marshall's Road), Egmore, Chennai-600 008, Rep. By its Secretary. 2. Tamil Nadu Electricity Board, represented by its Chairman, 144, Anna Salai, Chennai-2. https://hcservices.ecourts.gov.in/hcservices/ 3.The Superintending Engineer, Coimbatore Electricity Distribution Circle(N), Tamil Nadu Electricity Board, Coimbatore. 4.The Accounts Officer/Revenue Coimbatore Elec. Distribution, Circle (N) Tamil Nadu Electricity Board, Coimbatore. .. Respondents. 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. For Petitioner : Mr.Satish Parasaran For Respondents : No Appearance (R1) Mr.P.S.Raman Advocate General for Mr.J.Ravindran (R2 to R4) W.P.No.1368 of 2010: M/s.Sidhi Smelters (P) Ltd., H.T.Sc.No.1772, A-3, SIPCOT IndustrialComplex, Gummidipoondi, 601 201, Thiruvallur District, Rep. By its Business Executive, Tmty. Malathy .. Petitioner. Versus 1. Tamil Nadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai (Marshall's Road), Egmore, Chennai-600 008, Rep. By its Secretary. https://hcservices.ecourts.gov.in/hcservices/ 2.The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Chennai Electricity Distribution Circle/North, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. .. Respondents. 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. For Petitioner : Mr.K.Seshadri For Respondents : No Appearance (R1) Mr.P.S.Raman Advocate General for Mr.A.Selvendran (R2 & R3) W.P.No.1737 of 2010: Ferrolinks 354, Thandagam Road, GCT Post, Coimbatore 641 013. .. Petitioner. Versus 1. Tamil Nadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai (Marshall's Road), Egmore, Chennai-600 008, Rep. By its Secretary. 2. Tamil Nadu Electricity Board, represented by its Chairman, 144, Anna Salai, Chennai-2. 3.The Superintending Engineer, Coimbatore Electricity Distribution Circle(N), Tamil Nadu Electricity Board, Coimbatore. https://hcservices.ecourts.gov.in/hcservices/ 4.The Accounts Officer/Revenue Coimbatore Elec. Distribution, Circle (N) Tamil Nadu Electricity Board, Coimbatore. .. Respondents. 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 in 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. For Petitioner : Mr.Satish Parasaran For Respondents : No Appearance (R1) Mr.P.S.Raman Advocate General for Mr.J.Ravindran (R2 to R4) W.P.No.1944 of 2010: M/s.Meenakshi Udyog(I) Pvt. Ltd., H.T.Sc.No.302, SF.No.291 & 292, Kappakkal Village, Via. Uliveeranpalli, Hosur-Thally Road, Nagondapally Post 635 110, Rep. By its Director, Jayash Agarwal .. Petitioner. Versus 1. Tamil Nadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai (Marshall's Road), Egmore, Chennai-600 008, Rep. By its Secretary. 2.The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. https://hcservices.ecourts.gov.in/hcservices/ 3.The Superintending Engineer, Dharmapuri Electricity Distribution Circle, Tamil Nadu Electricity Board, Dharmapuri-5. .. Respondents. 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. For Petitioner : Mr.K.Seshadri For Respondents : No Appearance (R1) Mr.P.S.Raman Advocate General for Mr.A.Selvendran (R2 & R3) W.P.No.1945 of 2010: M/s.D.S.Metals (P) Ltd., H.T.A/c No.1601, Block E, Rear Side Old No.808, New No.324, 1st Floor, Kilpauk, Poonamallee High Road, Chennai-600 010. Rep. By its Director, Vimal Kumar Agarwala. .. Petitioner. Versus 1. Tamil Nadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai (Marshall's Road), Egmore, Chennai-600 008, Rep. By its Secretary. 2.The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Chennai Electricity Distribution Circle/North Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-2 .. Respondents. PRAYER: Petition filed under Article 226 of The Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records https://hcservices.ecourts.gov.in/hcservices/ 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. For Petitioner : Mr.K.Seshadri For Respondents : No Appearance (R1) Mr.P.S.Raman Advocate General for Mr.A.Selvendran (R2 & R3) O R D E R 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 could 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 *transmit copies of the all the connected writ petitions, along with * the copies of the relevant records, to the Tamil Nadu Electricity Regulatory Commission, Chennai, forthwith. On such *transmission of the records, 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. * The cost of making the copies of the writ petitions and the other relevant records would be borne by the petitioners in the respective writ petitions. https://hcservices.ecourts.gov.in/hcservices/ 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. Sd/- Asst. Registrar 5.2.2010 * Corrected as per order of this Court dated 13.4.2010 and made in W.P.No.22738/2009 (Batch) Sd/- Asst.Registrar 30.4.2010 //true copy// Sub Asst.Registrar csh To 1. The Secretary. Tamil Nadu Electricity Regulatory *To be Substituted to the Commission, order already despatched on 19-A, Rukmini Lakshmipathy Salai 5.2.2010. (Marshall's Road), Egmore, Chennai-600 008, 2.The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Chennai Electricity Distribution Circle/North, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. https://hcservices.ecourts.gov.in/hcservices/ 4.The Superintending Engineer, Coimbatore Electricity Distribution Circle(Metro), Tamil Nadu Electricity Board, Coimbatore. 5.The Accounts Officer/Revenue Coimbatore Elec. Distribution, Circle (N) Tamil Nadu Electricity Board, Coimbatore. 6.The Superintending Engineer, Coimbatore Electricity Distribution Circle(N), Tamil Nadu Electricity Board, Coimbatore-12. 7.The Superintending Engineer, Dharmapuri Electricity Distribution Circle, Tamil Nadu Electricity Board, Dharmapuri-5. Copy to: *1.The Section Officer, Writ Section, High Court, Chennai-104. 2.The Deputy Registrar, Writ Section, High Court, Chennai-104. 3 cc to M/s.Satish Parasaran, Advocate, Sr.No.6826,6827,6831 3 cc to Mr.R.S.Pandiyaraj, Advocate, Sr.No.6786,6785,6784 4 cc to Mr.K.Seshadri, Advocate, Sr.No.6960 W.P.No.22738 of 2009 (batch) GS {CO} TP/5.2.2010. TP/30.4.2010. https://hcservices.ecourts.gov.in/hcservices/