STATUS SPINNING MILLS (P) LIMITED Vs. CHAIRMAN TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED

JUDGEMENT

(1.) THIS Writ Petition is filed praying to issue a Writ of Certiorari, call for the records of the second respondent in memo No.CE/Comml/EE/R&C/AEE/F.R.&C/D.No.70-1/12 dated 12.03.2012 and quash the same as illegal.

(2.) THIRU S.Sivanandam, learned counsel appears for the petitioner. Thiru S.K.Rameshwar, learned counsel appears for the respondents. By consent, the writ petition is taken up for final disposal.

(3.) IN the present cases, the Chief Engineer in exercise of his power under the Tamil Nadu Electricity Distribution Code and by invoking Regulation 38 has issued certain directions to the HT Consumers consuming electricity under open access system stating that they will be permitted to draw power under open access system only after they comply with the various directions contained in the memo dated 12.3.2012. The memo, inter alia, states that the HT Consumers/petitioners will have to install Availability Base Tariff Meters (in short ABT Meters) as a pre-condition for availing the open access facility. The ABT Meters so installed should also be as per CEA regulations. The memo further specifies that an undertaking as per format should also be submitted for drawing electric power under open access system. According to the petitioners, among other clauses, the clauses IX and XIII of the memo is unreasonable and arbitrary. It is objected to by the petitioners saying that the first respondent does not have the power to impose these conditions including the direction to furnish an undertaking, without getting appropriate orders from the Tamil Nadu Electricity Regulatory Commission, viz., TNERC. This primarily appears to be the serious contention raised on behalf of the petitioners.