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2010 DIGILAW 451 (MAD)

Santhi Castings Works HTSC , Coimbatore District Rep. By its Manager M. Bakthavachalam v. Tamil Nadu Electricity Regulatory Commission, Rep. By its Secretary & Others

2010-02-02

M.JAICHANDREN

body2010
Judgment :- 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 co uld 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 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 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.