The Division bench in its interim order dated 1.9.2022 suspended the order of single judge. The orders which were reserved after hearing arguments were pronounced on 28.9.2022 allowing Writ appeals of TNERC and State Govt and dismissed the Writ appeal preferred by Writ Petitioner P. Wilson appeared for Appellants(TNERC and State Govt ) Mr Sri Charan and Mr Isaac Mohanlal appeared for Respondents ( TN Spinning Mills Assn)

Appeals filed by State Government and TNERC as against order of Hon’ble Mr Justice GR Swaminathan was allowed by Division Bench of Madurai HC comprising of Hon’ble Mr Justice SS Sundar and Hon’ble Mrs Justice Srimathi and appeals filed by TN Spinning Mills Association Dismissed on 28.9.2022.

The Division Bench made it clear that Tariff order can be fixed without member legal in TN Electricity Commission by the existing bench comprising of Chairman and Member. However the Division bench directed to appoint the Member Legal for TNERC with in 3 months.
The single judge(GRSJ) while holding that fixation of tariff is not an adjudicatory function and therefore member legal in the bench of TN Electricity commission which hears tarriff fixation is not required, however restrained TNERC from declaring tariff order without first appointing member legal to TNERC. Agrieved by the same all the parties to writ petition Including the State Government and TNERC filed separate appeals .
Earlier The Division bench in its interim order dated 1.9.2022 suspended the order of single judge. The orders which were reserved after hearing arguments were pronounced on 28.9.2022 allowing Writ appeals of TNERC and State Govt and dismissed the Writ appeal preferred by Writ Petitioner
P. Wilson appeared for Appellants(TNERC and State Govt )
Mr Sri Charan and Mr Isaac Mohanlal appeared for Respondents ( TN Spinning Mills Assn)

You may also like...