IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-4-2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.No.11997 of 2011 and M.P.No.1 of 2011 Gangotri Textiles Limited HTSC No.272 Plot No.PP2 to PP4 SIPCOT Industrial Growth Centre ERODE 638 006 rep by its Manager K.Jayakumar ... Petitioner Versus 1. Tamil Nadu Electricity Regulatory Commission Rep. By its Secretary 19-A Rukmini Lakshmipathy Salai (Marshall's Road) Egmore, Chennai 600 008 2. The Chairman, Tamil Nadu Electricity Board 144, Anna Salai, Chennai 2. 3. The Superintending Engineer Erode Electricity Distribution Circle Tamil Nadu Electricity Board Erode. .... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the relief of issuance of writ of certiorarified mandamus to call for the records of the third respondent in his letter No.A/Cs.Br/HT/A4/F.R & C/D.97/2011 dated 12.04.2011, quash the same as illegal, arbitrary, without authority of law and against the order of the 1st respondent in Suo Motu Proceeding No.1 of 2009 dated 28.10.2009 and consequently direct the third respondent to give adjustment of the wind energy of 67,56,722 units available to the credit of the petitioner. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr.AR.L.Sundaresan Senior Counsel M/s.R.S.Pandyaraj For Respondents : Mr.A.Selvendran O R D E R The above writ petition is filed for issuance of writ of of certiorarified mandamus to call for the records of the third respondent in his letter No.A/Cs.Br/HT/A4/F.R & C/D.97/2011 dated 12.04.2011 quash the same as illegal arbitrary without authority of law and against the order of the 1st respondent in Suo Motu Proceeding No.1 of 2009 dated 28.10.2009 and consequently direct the third respondent to give adjustment of the wind energy of 67,56,722 units available to the credit of the petitioner. 2. The plea taken by the petitioner is that the demand made in the impugned proceedings is not maintainable in view of the energy wheeling agreement entered into between the petitioner and the third respondent Board. The petitioner further states that no opportunity was given before making such a huge demand that too with retrospective effect. In such view of the matter, the petitioner pleads that if the court is not inclined to quash the proceedings, liberty may be given to the petitioner to submit their legal plea on merits and the third respondent could be directed to pass appropriate orders on receipt of the reply. Till such time the authority concerned should not enforce the demand made in the impugned proceedings. 3. Heard Mr.AR.L.Sundaresan, learned Senior counsel appearing for the petitioner and Mr.A.Selvendran, learned counsel appearing for the respondents. 4. The learned counsel appearing for the respondent submits that the detailed calculation has been submitted for the purpose of determining the demand. He therefore pleads that if the petitioner disputes it, he should give a reply which will be considered by the authority. He therefore pleaded that suitable directions may be issued as above. 5. In view of the stand taken by either side, the petitioner is directed to give a reply to the Superintending Engineer, the third respondent, who has passed the impugned order on or before 13.5.2011 and on receipt of the same, the authority shall decide the issue within one week thereafter. Till the issue is finalised by the Superintending Engineer, the third respondent, the demand made in the impugned proceedings shall not be enforced. https://hcservices.ecourts.gov.in/hcservices/ 6. The writ petition is disposed of accordingly. Consequently, the connected M.P is closed. No costs. Sd/ Asst. Registrar /true copy/ Sub Asst.Registrar krr/ To 1.The Secretary, Tamil Nadu Electricity Regulatory Commission 19-A Rukmini Lakshmipathy Salai (Marshall's Road) Egmore, Chennai 600 008 2. The Chairman, Tamil Nadu Electricity Board 144, Anna Salai, Chennai 2. 3. The Superintending Engineer Erode Electricity Distribution Circle Tamilnadu Electricity Board Erode. 1 cc To Mr.R.S.Pandiyaraj, Advocate, SR.30529 W.P.No.11997 of 2011 JSV (CO) RH (5.5.11) https://hcservices.ecourts.gov.in/hcservices/