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2012 DIGILAW 2052 (MAD)

Power Engineers' Society of Tamil Nadu rep. By its President, S. Gandhi v. Tamil Nadu Electricity Regulatory Commission

2012-04-24

R.SUDHAKAR

body2012
Judgment :- 1. This writ petition has been filed for a writ of declaration, to declare 'Clause 8.2 Banking" of the Regulation Order No.1, dated 20.03.2009 as ultra-virus, void, unlawful, unjust and unconstitutional. 2. In exercise of power under Section 62 of the Electricity Act, 2003 read with Section 86(i)(a) of the said Act, the Tamil Nadu Electricity Regulatory Commission has passed the Regulation order No.1, dated 20.03.2009 and the same is being challenged in the present writ petition. In particular clause 8.1 (i) relating to banking has been challenged in this writ petition. 3. Section 111 of the Electricity Act 2003 provides for an appeal to the Appellate Tribunal for Electricity against any order passed by the appropriate commission. Since the statutory appeal has been provided, this writ petition filed, bye passing the alternative remedy has no justification. Similar view has been taken by the Honourable Supreme Court in H.P.Electricity Regulatory Commission vs. H.P.State Electricity Board reported in 2006(9) SCC 233 . 4. It is further pointed out by the Mr. Rahul Balaji as well as Mr. R.S.Pandiyaraj, learned counsel appearing for the respondents 3 and 4 that the Electricity Board made an appeal against the regulatory order No.1 and in Appeal No. 98 of 2010, the same was disposed of on 18.03.2011 by the Appellate Tribunal for Electricity. Therefore the relief sought for has become infructuous. 3. In view of the above, this writ petition is not maintainable. The order under challenge has been appealed by the official respondent and therefore, the petitioner has to seek appropriate relief as per law. The writ petition is dismissed. No costs.