IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 10.3.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.4869 of 2010 and M.P.Nos.1 and 2 of 2010 M/s.Pavai Alloys & Steels Pvt. Ltd., H.T.Sc.No.167, S.F.No.433/4A, B, C & D, Nallur Kandampalayam, Paramathivellur Taluk, Namakkal District 637 203. Represented by its Manager, S.Jayaseelan. ... Petitioner -Vs.- 1.Tamil Nadu Electricity Regulatory Commission, represented by its Secretary, 19-A Rukmani Laksmipathy Salai, (Marshall's Road,), Egmore, Chennai-600 008. 2.The Chairman,, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Namakkal Electricity Distribution Circle, Tamil Nadu Electricity Board, Namakkal. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the third respondent in Lr.No.SE/NEDC/AEE/GL/AE2/F.Energy Quota/D.No.287/2010 dated 6.2.2010 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.167 to avail the https://hcservices.ecourts.gov.in/hcservices/ optimum demand of 1550 K.V.A. Without evening peak hour restrictions as allowed in letter dated 11.11.2009. For petitioner : Mr.K.Seshadri For respondents : Mr.J.Ravindran ----- O R D E R Writ Petition is filed to issue a Writ of Certiorarified Mandamus, calling for the records of the third respondent in Lr.No.SE/NEDC/AEE/GL/AE2/F.Energy Quota/D.No.287/2010 dated 6.2.2010 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.167 to avail the optimum demand of 1550 K.V.A. Without evening peak hour restrictions as allowed in letter dated 11.11.2009. 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 all 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 https://hcservices.ecourts.gov.in/hcservices/ 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 petition can also be transferred to the Tamil Nadu Electricity Regulatory Commission, Chennai on the same terms. 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 Secretary, Tamil Nadu Electricity Regulatory Commission, 19-A Rukmani Laksmipathy Salai, (Marshall's Road,), Egmore, Chennai-600 008. 2.The Chairman,, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. https://hcservices.ecourts.gov.in/hcservices/ 3.The Superintending Engineer, Namakkal Electricity Distribution Circle, Tamil Nadu Electricity Board, Namakkal. +1cc to Mr.K.Seshadri, Advocate Sr 4041 +1cc to Mr.J.Ravindran, Advocate Sr 17018 TRM(CO) km/17.3. W.P.No.4869 of 2010 https://hcservices.ecourts.gov.in/hcservices/