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2013 DIGILAW 2796 (MAD)

Tamil Nadu Electricity Regulatory Commission v. .

2013-08-01

M.JAICHANDREN

body2013
JUDGMENT 1. At this stage of the hearing of the writ petition, the learned counsels appearing for the parties concerned had submitted that this Court, by its order, dated 23.7.2012, made in W.P.Nos.7200 of 2012, (batch) had referred the issues, which were similar to those raised in the present writ petition, to the Tamil Nadu Electricity Regulatory Commission. In the said order, the Tamil Nadu Electricity Regulatory Commission had been directed to consider and clarify such issues. It had also been directed to give an opportunity of personal hearing to the petitioners, as well as the respondents therein. 2. Paragraphs 10 and 11 of the said order read as follows: "10. In such view of the matter, the Tamil Nadu Electricity Regulatory Commission is directed to take up the issue for consideration and pass appropriate order clarifying the issue. An opportunity of personal hearing to the petitioners and the respondents, shall be given. If any third party files an application, the same may be considered if permissible as per law and procedure. It is desirable that the Commission decides the issue expeditiously. Till such time, the Commission decides the issue, all the petitioners are entitled to adjust the wind energy generated in terms of paragraph 8.7.3 of the commission's order No.1 of 2009 dated 20.3.2009. 11. The parties are at liberty to file necessary papers before the Commission." 3. In view of the order passed by this Court, on 23.7.2012, made in W.P.Nos.7200 of 2012 (batch), the present writ petition is disposed of with similar directions. The Tamil Nadu Electricity Regulatory Commission is directed to take into consideration the amount paid by the petitioner during the pendency of the writ petition, while passing appropriate orders. No costs. Connected M.P.No.1 of 2012 is closed.