IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-02-2010 CORAM: THE HONOURABLE MR.JUSTICE M.JAICHANDREN W.P.No.2111 of 2010 and M.P.No.1 of 2010 M/s.RDC Concrete (India) Pvt. Ltd. SF.No.256/258, Trichy Road, Kannamapalayam, Palladam Taluk, Coimbatore Rep. by its Project Engineer, V.R.Balamurugan .. Petitioner. Versus 1.The Tamil Nadu Electricity Board, rep. by its Chairman, 800, Anna Salai, Chennai-600 002. 2.The Superintending Engineer, Coimbatore Electricity Distribution Circle/Metro Tamil Nadu Electricity Board, Tatabad, Coimbatore 641 012. .. Respondents. Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to change the tariff of the petitioner's industry from High tension tariff III (commercial) to Tariff I (Industrial) as per the tariff orders of the Tamil Nadu Electricity Regulatory Commission, as per the representation made by the petitioner, dated 9.11.2009. For Petitioner : Mr.N.Srinivasan For Respondents: Mr.A.Selvendran (R1) Mr.J.Ravindran (R2) O R D E R
Heard the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents.
2. By consent of both the parties, the writ petition is taken up for final hearing and disposal.
3. Though the prayer sought for by the petitioner, in the present writ petition, is for a larger relief, the learned counsel appearing on behalf of the petitioner has submitted that it would suffice, if the representation of the petitioner, dated 9.11.2009, is directed to be disposed of by the second respondent, on merits and in accordance with law, within a specified period.
4. The learned counsels appearing on behalf of the respondents, has no objection for such an order being passed by this Court.
5. In view of the submissions made by the learned counsels appearing on either side, the second respondent is directed to dispose of the representation, dated 9.11.2009, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. The petitioner is directed to furnish a copy of the representation, dated 9.11.2009, to the second respondent, along with a copy of this order. However, it is made clear that this Court, by this order, has not expressed any opinion on the merits of the matter.
The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed.
csh
To
1. The Chairman,
Tamil Nadu Electricity Board,
800, Anna Salai,
Chennai-600 002.
2.The Superintending Engineer,
Coimbatore Electricity Distribution Circle/Metro
Tamil Nadu Electricity Board,
Tatabad,
Coimbatore 641 012