Madras High Court
Swelect Green Energy Solutions Private ... vs The Chairman on 9 March, 2021
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.No.15454 of 2021
WP.No.15454 of 2021
D.KRISHNAKUMAR,J.
At the instance of leaned counsel for the petitioner, today
this matter is posted under the caption “for being mentioned” as
the order passed by this Court is not relevant to the facts of the
case on hand, Therefore, both parties requested for clarification
and modification of the facts of the case. As per the facts of the
present case, the petitioner has challenged the rejection order
passed by the respondent terminating the petitioner by order
dated 09.03.2021 as arbitrary and illegal. Further direction is also
prayed in the writ petition.
2. The learned counsel appearing for the writ petitioner
submitted that batch of writ petitions have been filed and similar
relief was sought for in WP.Nos. 5196, 11725, 8459 and 8463 of
2019 and 6694 and 1275 of 2018. By a common order dated
30.08.2019, the aforesaid writ petitions were allowed by this Court
and liberty was granted to the petitioners therein.
3. Challenging the aforesaid order, an appeal has been
preferred before this Court in W.A.No.4197 of 2019. The aforesaid
appeal was dismissed and the same was confirmed by the Hon'ble
Supreme Court by order dated 24.09.2000. Therefore, the
petitioner has filed the present Writ Petition for granting relief on
the same line where this court has already granted the relief to the
earlier petitioners.
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W.P.No.15454 of 2021
4. Considering the order passed in the aforesaid writ
petition in W.P. 13763 of 2021 dated 06.07.2021, this Court is
inclined to pass the order as follow:
i) the respondent/TANGEDCO are directed to permit the
petitioner to switch over to use for captive consumption/third party
sale in terms of its right of open access;
ii) the respondent/TANGEDCO are directed to settle the
respective dues to the petitioner as per their respective invoices
raised by them, along with interest as provided in Clause 7(b)
within a period of two months from the date of receipt of a copy of
this order;
iii) Consequently, in view of permitting the petitioner to
migrate from EPA to EWA, the proceedings dated 08.06.2021
issued by the 2nd respondent in its letter bearing
Lr.No.002289/L22/ M/s. Swelect Green Energy Solutions Private
Limited/2020-21 (“impugned letter”) rejecting the petitioner's
termination dated 09.03.2021 and deciding not to concede any
request for migration, is set aside.
5. In fine, the impugned order is quashed, the Writ
Petition stands allowed.
17.09.2021
MNR
Note: Registry is directed to issue fresh order copy.
Issue order copy on 22.09.2021
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W.P.No.15454 of 2021
D.KRISHNAKUMAR,J.
Mnr
WP.No.15454 of 2021
17.09.2021
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W.P.No.15454 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.07.2021
CORAM
THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR
W.P.No.15454 of 2021
and
W.M.P.No.16380 & 16382 of 2021
Swelect Green Energy Solutions Private Limited,
Rep. by its Authorized Signatory,
'Swelect House' No.5,
Sir P.S.Sivaswamy Salai,
Mylapore, Chennai-600004. ..Petitioner
Vs
1. The Chairman,
Tamil Nadu Generation & Distribution
Corporation Limited,
No.144, Anna Salai, Chennai 600 002.
2. Chief Engineer/ NCES,
Tamil Nadu Generation & Distribution
Corporation Limited,
2nd Floor, Eastern Wing, No.144, Anna Salai,
Chennai 600 002.
3. Tamil Nadu Electricity Regulatory Commission,
Rep. by its Secretary,
No.19A, Rukmini Lakshmipathy Salai,
Egmore, Chennai-600 008.
4. The Superintending Engineer,
TANGEDCO,
Karur Electricity Distribution Circle,
Karur-639 002. ..Respondents
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W.P.No.15454 of 2021
Prayer:- The Writ Petition is filed under Article 226 of Constitution of India
for writ of Certiorarified Mandamus, calling for the records of the 2nd
respondent in its letter bearing Lr.No.002289/L22/M/s. Swelect Green
Energy Solutions Private Limited/2020-21 dated 08.06.2021 ("impugned
letter") rejecting the petitioner's termination dated 09.03.2021 as arbitrary
and illegal and consequently direct the respondents to give effect to such
termination and process the petitioner's application for Open Access in
respect of its 10 MW Solar Power Plant bearing HTSC No.069404430005 in
order for it to wheel energy generated to the destination of its use for
captive consumption/third party sale in terms of its rights of open access
and also release all dues pending for power supplied to the respondents
from the petitioner's generating units bearing HTSC No.069404430005 which
stand at Rs.3,07,41,411/- (Rupees Three crores seven lakhs forty one
thousand four hundred and eleven only) together with the mandated interest
on delayed payment.
For Petitioner : Mr.Rahul Balaji
For Respondents : Mr.M.Abul Kalam, TNEB
*******
ORDER
The challenge in the writ petition is against the impugned letter bearing Lr.No.002289/L22/M/s.Swelect Green Energy Solutions Private Limited/ 2020-21 dated 08.06.2021 rejecting the petitioner's termination dated 09.03.2021.
2. According to the petitioner, the petitioner is owning windmills http://www.judis.nic.in 5/6 W.P.No.15454 of 2021 and also entered into an Energy Wheeling Agreement with the respondent Board and entitled for adjustment of the energy so generated from the Windmills for their captive consumption at this Spinning Mills as fixed by the Tamil Nadu Electricity Regulatory Commission.
3. Heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the respondents and perused the materials available on record.
4. The learned counsel appearing for the petitioner relied upon the final orders passed by this Court in similar matter in W.P.No.3987 of 2021, dated 30.03.2021 and seeks similar order in the present Writ petition.
The relevant paragraphs of the said order are extracted below:
“4. This Court by an order, dated 5/4/2017, directed the respondents 1to 3 therein to implement the order of the State Commission (TNERC) in R.A.No.6 of 2013, dated 31/3/2016, within a period of eight weeks, from the date of receipt of a copy of the order, dated 5/4/2017. Thereafter, the second respondent has issued a circular in Memo No.CFC/REV/DFC/REV/AS.3/D.No.384/17 dated 3/10/2017, by referring the orders of this Court and passed an order as follows:-
“While revising the CC bills from 1/8/2012 to 31/3/2016 in respect of the wind energy captive http://www.judis.nic.in 6/6 W.P.No.15454 of 2021 user, if any refund of banking charges and other charges arising, the same may be allowed for adjustment in the ensuing CC bill (s) in 10 instalments. Similarly, if any collection of CC charges is arising, the same shall be collected separately by issuing separate demand with 15 days notice and if not paid, the same may be included in the ensuing CC bill after giving appropriate notice to the respective consumers. Instalments if any requested can be acted up on suitably without exceeding three monthly instalments.”
5. Though the circular has been issued on 3/10/2017, the same has not been implemented by the first respondent and therefore, the petitioner has made several representations and thereafter, approached this Court for a writ of mandamus, directing the second and third respondents to give adjustment of the excessively collected banking charge of Rs.25,44,093/- which is for the period from 1/8/2012 to 31/3/2016 based on the working instructions issued by the first respondent dated 3/10/2017.
....
8. 12 (2) of the Tamil Nadu Electricity Supply Code, reads as follows:-
“Where it is found that the consumer has been over charged, the excess amount paid in such cases will be adjusted against future current consumption charges. If, even after such adjustment against future current consumption charges for two http://www.judis.nic.in 7/6 W.P.No.15454 of 2021 assessment periods, there is still a balance to be refunded, the refund will be made by cheque.”
9. It appears that the respondents have charged excess amount and failed to adjust the same in future current consumption charges, despite the orders of APTEL and the order of this Court made in W.P.No.3979 of 2017 and the Circular issued in No.CFC/REV/DFC/REV/AS.3/ D.No.384/17 dated 3/10/2017. Therefore, this writ petition is allowed, with a direction to the respondents, to refund the excess amount due to the petitioner, as per Clause 12 (2) of the Tamil Nadu Electricity Supply Code, 20014, within a period of four weeks, from the date of receipt of a copy of this order.”
5. The learned counsel appearing for the petitioner fairly submitted before this Court that the entire excess amount payable to the petitioner can be adjusted in the ensuing CC Bills.
6. The learned standing counsel appearing for the respondent board on instructions has also agreed to adjust the excess amount with future CC Bills after the same is approved by the respondent board.
7. Following the aforesaid order passed by this Court, the writ petition is allowed on the same line. No costs. Consequently, connected miscellaneous petitions are closed.
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vaan Internet:Yes/No Index:Yes/No Speaking / Non-Speaking order vaan To
1. The Chairman, Tamil Nadu Generation & Distribution Corporation Limited, No.144, Anna Salai, Chennai 600 002.
2. Chief Engineer/ NCES, Tamil Nadu Generation & Distribution Corporation Limited, 2nd Floor, Eastern Wing, No.144, Anna Salai, Chennai 600 002.
3. The Secretary, Tamil Nadu Electricity Regulatory Commission, No.19A, Rukmini Lakshmipathy Salai, Egmore, Chennai-600 008.
4. The Superintending Engineer, TANGEDCO, Karur Electricity Distribution Circle, Karur-639 002.
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