IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:18.09.2009 Coram The Honourable Mr. JUSTICE K.VENKATARAMAN Writ Petition Nos. 19550 to 19552 of 2009 W.P.No. 19550 of 2009 K.P.Textiles, HTSC No.234, 4/237, Caltonpet Post, Near Sulur, Coimbatore District repd. By its Manager S.Ganeshraj ...Petitioner -Vs.- 1.The Tamil Nadu Electricity Board, repd. By its Chairman, 800, Anna Salai, Chennai – 600 002. 2.The Superintending Engineer, Coimbatore Elec. Distribution Circle, Tamil Nadu Electricity Board, Coimbatore. ...Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus calling for the records of the 2nd respondent relating to his Notice .SE/CEDC/Metro/Cbe/DFC/AO/REV/HT/F.Quota/D / 2009 dated 14.06.2009, quash the same and consequently direct the respondents to provide uninterrupted electricity supply to the petitioner mill in terms of the agreements dated 17/09/2009 and 29.06.2009 entered into between the petitioner and the Respondents in respect of wind mill energy in addition to their normal demand and energy quota as fixed to other HT customers who do not own wind mills. W.P.No. 19551 of 2009 Santhi Castings Works HTSC No.304, Kumarapuram, Narasimnaickenpalayam Post, P.B.No.5506 Coimbatore District repd. By its Manager M.Bakthavachalam. ...Petitioner https://hcservices.ecourts.gov.in/hcservices/ -Vs.- 1.The Tamil Nadu Electricity Board, repd. By its Chairman, 800, Anna Salai, Chennai – 600 002. 2.The Superintending Engineer, Coimbatore Elec. Distribution Circle, Tamil Nadu Electricity Board, Coimbatore. ...Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus calling for the records of the 2nd respondent relating to his Notice .SE ACE/CEDC/N/CBE/EE GL.AO REV/HT/F.R&C/D54/2009 dated 14.06.2009, quash the same and consequently direct the respondents to provide uninterrupted electricity supply to the petitioner mill in terms of the agreements dated 16.02.2009 entered into between the petitioner and the Respondents in respect of wind mill energy in addition to their normal demand and energy quota as fixed to other HT customers who do not own wind mills. W.P.No. 19552 of 2009 K.P.Textiles, HTSC No.242, 4/237, Caltonpet Post, Near Sulur, Coimbatore District repd. By its Manager S.Ganeshraj ...Petitioner -Vs.- 1.The Tamil Nadu Electricity Board, repd. By its Chairman, 800, Anna Salai, Chennai – 600 002. 2.The Superintending Engineer, Coimbatore Elec. Distribution Circle, Tamil Nadu Electricity Board, Coimbatore. ...Respondents https://hcservices.ecourts.gov.in/hcservices/ Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus calling for the records of the 2nd respondent relating to his Notice .SE/CEDC/Metro/Cbe/DFC/AO/REV/HT/F.Quota/D / 2009 dated 14.06.2009, quash the same and consequently direct the respondents to provide uninterrupted electricity supply to the petitioner mill in terms of the agreements dated 17/09/2009 and 29.06.2009 entered into between the petitioner and the Respondents in respect of wind mill energy in addition to their normal demand and energy quota as fixed to other HT customers who do not own wind mills. For Petitioner : Mr. R.S.Pandiyaraj in all WP's For Respondents : Mr. A.Selvendran in all WP's C O M M O N O R D E R The petitioners have come up with the present writ petitions challenging the fixation of quota as well as penalty imposed by the respondents. A batch of writ petitions was disposed of by me on 28.08.2009 wherein in para 2, I have granted certain directions which is extracted here under:- "2. After some deliberations consensus have been arrived at by the learned counsel appearing for the petitioner as well as the learned Advocate General appearing for the Board. As per the said consensus the following order is passed by consent of all. 2.1. The Board re-fixing energy quota and demand quota in respect of Wind Energy generators has filed 2 memos dated 04.08.2009 and 21.08.2009 before the Tamil Nadu Electricity Regulatory Commission, Chennai. 2.2. The commission referred to above shall decide about the same after hearing the parties concerned. 2.3. Till such time the respondent board shall not enforce the penalty for the past claim as well as the future claim." The same direction will cover the present batch of writ petitions also. https://hcservices.ecourts.gov.in/hcservices/ 2. These writ petitions are ordered accordingly. No order as to costs. Pgp Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The Chairman, The Tamil Nadu Electricity Board, 800, Anna Salai, Chennai – 600 002. 2.The Superintending Engineer, Coimbatore Elec. Distribution Circle, Tamil Nadu Electricity Board, Coimbatore. 3.The Tamilnadu Electricity Regulatory Commission, Chennai. + 3 ccs to Mr.R.S.Pandiyaraj, Advocate SR No.48680 JRG(CO) SR/25.9.2009 W.P.Nos.19550 to 19552 of 2009 https://hcservices.ecourts.gov.in/hcservices/