Madras High Court
M/S.Dollar Industries Ltd vs Tangedco on 31 October, 2022
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
Writ Petition No.5322 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 31/10/2022
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Writ Petition No.5322 of 2017
and
W.M.P.No.5662 of 2017
M/s.Dollar Industries Ltd
rep. By its Authorised Signatory
Mr.D.Prabakaran
HTSC No.330
S.F.No.440, N.H.7, V. Pudukottai Village
Minukkampatti (PO), Vedasandur Taluk
Dindigul 624 711. ... Petitioner
Vs
1. TANGEDCO
rep. By its Chairman & Managing Director
No.144 Anna Salai
Chennai 2.
2. The Chief Financial Controller (Revenue)
TANGEDCO
144 Anna Salai
Chennai 2.
3. The Superintending Engineer
Dindigul Electricity Distribution Circle
TANGEDCO
Dindigul.
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Writ Petition No.5322 of 2017
4. The Superintending Engineer
Udumalpet Electricity Distribution Circle
TANGEDCO
Udumalpet. ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India praying
for the issuance of a writ of mandamus to direct the second respondent to issue
working instructions in order to implement the Hon'ble TNERC Order in DRP
No.19 of 2013 dated 19/1/2015 which has also be confirmed by the Hon'ble
APTEL in Appeal No.53 of 2016 and also to implement the order of the third
respondent Hon'ble TNERC's order in RA No.6 of 2013 dated 31/3/2016 in so
far as REC windmill adjustments are concerned and consequently direct the
third respondent to give adjustment of 580526 Units of REC Wind energy
generated in the petitioner's REC WEG No.2200 which was illegally allowed to
lapse for the period from 4/2012 to 4/2016.
For petitioner ... Mr.S.P.Parthasarathy
For respondents ... Mr.Abul Kalam
Standing Counsel
-----
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Writ Petition No.5322 of 2017
ORDER
This writ petition has been filed to direct the second respondent to issue working instructions in order to implement the Hon'ble TNERC Order, in DRP No.19 of 2013, dated 19/1/2015 which has also be confirmed by the APTEL, in Appeal No.53 of 2016 and also to implement the order of the third respondent TNERC's order, in RA No.6 of 2013, dated 31/3/2016, in so far as REC windmill adjustments are concerned and consequently, direct the third respondent to give adjustment of 580526 Units of REC Wind energy generated in the petitioner's REC WEG No.2200 which was illegally allowed to lapse for the period from 4/2012 to 4/2016.
2. Brief facts which are necessary for the disposal of this writ petition are as follows:-
The petitioner Company is engaged in manufacturing of textile related products and is getting power for its operations through fourth respondent. The petitioner Company has invested in captive generation of power through their windmills for the specific purpose of meeting their power requirements. The Page No:3/8 https://www.mhc.tn.gov.in/judis Writ Petition No.5322 of 2017 petitioner's surplus energy 580526 REC Wind units have been treated as lapse. On the strength of the second respondent's memo, dated 14/9/2012, third respondent has first adjusted the wind energy generated in Non-REC wind mills and then the wind energy generated from REC scheme later, against the petitioner's captive consumption at HTSC No.330, for the period from 08/2012 to 03/2013 resulting in lapse of REC wind energy as follows:-
Period/Year Units treated as lapsed
based on the memo dated
31/3/2013
August 2012 to 580526 Units
March 2013
Total 580526 Units
3. Since the third respondent illegally continued to treat the REC wind energy, as lapsed, the petitioner was put to heavy financial loss and consequently, petitioner, vide, his application, dated 5/4/2013, applied for utility change from REC scheme to preferential banking scheme. Fourth respondent, vide, his letter, dated 16/4/2014 has accorded approval for change of utility and the petitioner's WEG SC No.U2200 is presently under preferential banking scheme. However, the petitioner is filing the present writ petition seeking Page No:4/8 https://www.mhc.tn.gov.in/judis Writ Petition No.5322 of 2017 adjustment of the alleged lapsed 580526 REC Units, generated by the petitioner's wind generator for the period from August 2012 to March 2013.
4. Heard Mr.S.P.Parthasarathy, learned counsel for the petitioner and Mr.Abul Kalam, learned Standing Counsel for the respondents.
5. The learned counsel appearing for the petitioner submitted that the second respondent has not issued any working instruction for implementing the order of the State Commission passed in D.R.P.No.19 of 2013. This act of the second respondent clearly shows that the intention of the second respondent is to avoid adjustment/payments to the REC WEGs and however, to collect charges erroneously when orders are issued by the State Commission in other issues.
6. The learned Standing counsel appearing for the respondents submitted that he is not disputing the order passed by the Tamil Nadu Regulatory Commission in T.R.P.No.19 of 2013. He further submitted that the dispute in question has reached its finality and in fact, before the Hon'ble Supreme Court, in Civil Appeal No.15618 of 2017, TANGEDCO also agreed to adopt the Page No:5/8 https://www.mhc.tn.gov.in/judis Writ Petition No.5322 of 2017 procedure laid down in the Notification dated 21/3/2022 for adjustment priority among WEGs under REC and non-REC with effect from 1/8/2012 retrospectively. The abovementioned Notification dated 21/3/2022 shall be adopted prospectively for other energy sources of the High Tension Consumers.
7. Submission of the learned Standing Counsel for the respondents is recorded.
8. In the result, this writ petition is disposed of, directing the respondents to either adjust 580526 units of REC wind energy generated in the petitioner's REC WEG No.2200 or encash the same towards the future bills. No costs.
Consequently, the connected Miscellaneous Petition is closed.
31/10/2022 Index : Yes / No Internet: Yes Speaking/non speaking order mvs.
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1. The Chairman & Managing Director TANGEDCO No.144 Anna Salai Chennai 2.
2. The Chief Financial Controller (Revenue) TANGEDCO 144 Anna Salai Chennai 2.
3. The Superintending Engineer Dindigul Electricity Distribution Circle TANGEDCO Dindigul.
4. The Superintending Engineer Udumalpet Electricity Distribution Circle TANGEDCO Udumalpet.
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