Sree Kaderi Ambal Mills Limited. , A Unit v. Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Limited
2015-01-27
B.RAJENDRAN
body2015
DigiLaw.ai
Judgment :- 1. Since both the matters are arising out of the common issue, they have taken up together and decided by this common order. 2. Challenging the impugned orders, dated 12.05.2014 and 28.04.2014 of the second respondent, the present writ petitions have been filed by the petitioner firm. 3. When similar cases have come up for consideration before me in the Principal Bench as well as before this Court, I have passed an order in a batch of Writ Petitions in W.P.No.13196 of 2014 etc batch. As against the said order, writ appeals were filed in W.A.(MD) Nos.1425 and 1426 of 2014. In the appeals, the Division Bench of this Court, by order dated 31.10.2014, has passed the following order: “These intre court appeals are directed against the order dated 24 September 2014 in W.P.Nos.13778 and 13779 of 2014, whereby and whereunder, the learned Single Judge dismissed the writ petitions and permitted the appellants to pay the balance amount in four equal installments. 2. We have heard the learned counsel for the appellants. We have also heard the learned Additional Advocate General, appearing on behalf of the respondents. 3. The appellants wanted the learned Single Judge to interpret the order No.6 of 2012 dated 31 July 2012 on the file of Tamil Nadu Electricity Regulatory Commission. The learned Single Judge dismissed the Writ Petitions as not maintainable. 4. The appellants were given liberty to approach the concerned authority. 5. When it was pointed that there is an alternative remedy available to the appellants and the Writ Petitions were not decided on merits, the learned counsel submitted that the learned Single Judge has made certain observations on merits, and tehs ame would prejudice the case of the appellants before the statutory authority. 6. The appellants are given liberty to approach the concerned authority. The authority will decide the issue on merits and as per the law, without in any way being influenced by the observations made by the learned single Judge. 7. The respondents are directed to maintain status quo as obtained today, for a period of two weeks. It is open to the appellants to approach the competent authority for further relief. 8. The writ appeals are disposed of as indicated above. No costs. Consequently, connected M.P.s are closed.” 4.
7. The respondents are directed to maintain status quo as obtained today, for a period of two weeks. It is open to the appellants to approach the competent authority for further relief. 8. The writ appeals are disposed of as indicated above. No costs. Consequently, connected M.P.s are closed.” 4. Pursuant to the same, the learned counsel for the respondents would now contend that the present writ petitions are also identical. Therefore, the order of the Division Bench holds good and the issue is covered by the Electricity Regulatory Commission. 5. Mr.S.Karunakar, learned counsel for the petitioner firm would submit that some of the petitioners have approached the Electricity Regulatory Commission by way of appeals and the Electricity Regulatory Commission entertained the appeals in some of the cases and an order of status quo has been granted. The Division Bench of this Court also granted an order of status quo and granted 15 days time to file an appeal. 6. Following the order of the Division Bench, these writ petitions are disposed of, with a direction to the petitioner firm that at the time of filing an appeal the petitioner firm should pay one fourth of the amount demanded in the impugned orders less the amount already paid by the petitioner firm before the Electricity Regulatory Commission. The petitioner firm should prefer an appeal within a period of three weeks from today and till such appeals are filed, status quo shall be maintained by the authorities, as on today. If the petitioners have failed to file an appeal within a period of three weeks, the order of status quo granted by this Court shall not be extended further and the authorities are at liberty to initiate action in accordance with law. Payment of 25% is mandatory for filing the appeal. No costs. Consequently connected Miscellaneous Petitions are closed.