JUDGMENT :

S.SRIMATHY, J.

Prayer : Writ Appeal filed under Clause 15 of the Letter Patent against the order of this Court in W.P.(MD)No.16677 of 2022, dated 23.08.2022.

The Writ Appeal W.A.(MD)No.973 of 2022 is filed challenging the order passed in Writ Petition W.P.(MD)No.16677 of 2022, dated 23.08.2022.

2. The prayer in the writ petition W.P.(MD)No.16677 of 2022 is to issue Writ of Mandamus forbearing the first respondent Commission from holding anymore hearings and also direct the first respondent Commission to rescind its Daily Orders dated 19.07.2022 by cancelling the entire proceedings happened before the first respondent Commission in an in camera mode on the petitions filed by the TANGEDCO/TANTRANSCO/SLDC in violation of the proposition declared by the Hon'ble Supreme Court of India in Civil Appeal No. 14697 of 2015 dated 12.04.2018 and in Contempt Petition No.429 of 2020 dated 28.08.2020, 07.12.2020 & 20.01.2021 and not to hear anymore, any other petitions filed or pending before the first respondent Commission until a Member-Legal is appointed first at the first respondent Commission by the second respondent, the Government of Tamil Nadu based on the sponsoring of the candidates by the Selection Committee constituted for this purpose.

3. The brief facts as stated in the affidavit W.P.(MD)No. 16677 of 2022 is that the petitioner namely Tamil Nadu Spinning Mills Association is the largest association of spinning mills having Registration No. 330/1997 with 808 members. All the members of the petitioners’ association are High Tension industries drawing Power required for their operations at their mills. In addition to the power supply by TANGEDCO the members of the petitioner had setup their own windmills and solar power plants for captive generation. The TANGEDCO, TANTRANSCO and SLDC, the 3 entities are collecting respective charges for their service rendered in various categories of consumers. The petitioner association is member of many committees and is also member of the State Advisory Committee for TNERC. The Association has filed several writ petitions before this Court and Principal Seat on many matters whenever it is adversely affecting its members. All the writ petitions were entertained and hence the writ petitions are maintainable.

4. In the state of Tamil Nadu there was no revision of tariff happened after 2014 and the existing tariff was continued to be extended from time to time until 2017. After 11.08.2017 there was no tariff order issued by the State Regulatory Commission till now. The above entities have not even filed any tariff revision petitions by following the Aggregate Revenue Requirement (ARR) and Turn-up petitions on each November for respective years making their accounts available more transparent and further for prudent check for the stakeholders to know the revenue generated and were spent on each year by the entities

5. Now the three entities had filed petition before the first respondent Commission which have come up for hearing only on 19.07.2022 and the Commission had hurriedly taken up the petition for hearing and admitted all the petitions on the same date without providing sufficient time and opportunity for the stakeholders involved in the process. A similar exercise was handled by the first respondent Commission during the year 2017 and the first respondent had taken almost 7 months to process the petition before passing the concerned Tariff orders finally on 11.08.2017. But this time the Commission is showing absolute hurry and rushing to release the Tariff orders without minding the factual position that of the stakeholders are responsible to review their accounts for almost five years from 2016-2017 onwards.

6. Moreover the present writ petitions are filed against the first respondent Commission for gross violation of the order dated 12.04.2018, in the Civil Appeal No.14697 of 2015 o