UNION OF INDIA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard Mr.V.Radhakrishnan, learned Senior Counsel, assisted by Mr.Siddharth Bahety, learned Standing Counsel, appearing for the petitioner - Southern Railway and Mr.P.H.Aravindh Pandian, learned Additional Advocate General, assisted by Mr.S.K.Raameshuwar, learned Standing Counsel for the respondent TNEB.

(2.) The order impugned in this writ petition is an order passed by the Tamil Nadu Electricity Regulatory Commission constituted under Section 82(1) of the Electricity Act, 2003. Before considering the submissions made by the learned Senior Counsel appearing for the petitioners, this Court pose a question as regards the maintainability of the writ petition in the light of the fact that as against the impugned order, the petitioners have an appellate remedy before the Appellate Tribunal for Electricity, in terms of Section 111 of the Electricity Act, 2003 (Shortly the Act ). In fact, this is also a preliminary objection raised by the learned Additional Advocate General appearing for the respondents.

(3.) The learned Senior Counsel appearing for the petitioners contended that though this Court in a writ petition in W.P.Nos.23807 of 2001 etc., batch dated 14.06.2002 relegated the petitioner therein, to approach the Tamil Nadu Electricity Regulatory Commission (Shortly T.N.E.R.C ) and the T.N.E.R.C, by the impugned order, has held that it does not have jurisdiction to deal with the matter and has assigned certain reasons for coming to such conclusion.