It had been accused of discriminating between Chennai and other districts in load shedding
The Madras High Court has dismissed a writ petition filed by Tamil Nadu Generation and Distribution Corporation (Tangedco) in 2013 challenging a decision taken by Competition Commission of India (CCI) to inquire into a complaint of the corporation having abused its dominant position by shutting down power distribution for only 2-3 hours in Chennai whereas extending it up to 14-16 hours in other districts much to the disadvantage of industries over there.Justice S.M. Subramaniam refused to entertain the case on the ground that a writ petition could not be entertained against mere initiation of an inquiry after finding prima facie substance in the complaint. Though Tangedco contended that any complaint against it could be raised only before the Tamil Nadu Electricity Regulatory Commission and not elsewhere, the judge said the corporation could take such defence too before the CCI when the inquiry commences.Holding that the writ petition was premature, he held Tangedco would be at liberty to submit its explanations or objections before the CCI within four weeks. Thereafter, the commission should conduct a detailed inquiry by affording an opportunity of hearing to the writ petitioner and conclude the proceedings within four months. If Tangedco fails to cooperate in the inquiry, such non cooperation should be recorded in the proceedings itself, the judge ordered.Southern India Engineering Manufacturers’ Association had moved CCI complaining that the discrimination shown by Tangedco between Chennai and other districts in load shedding amounted to abusing its dominant position. It was brought to the notice of the commission that extended hours of load shedding in other districts had forced various industries over there to depend upon diesel-run generators which escalate the cost of production.