Madras High Court
Jvs Export vs Tamilnadu Generation And Distribution on 23 July, 2021
Author: D. Krishnakumar
Bench: D. Krishnakumar
W.P.No.15167, 15171 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.07.2021
CORAM
THE HON'BLE MR.JUSTICE D. KRISHNAKUMAR
W.P.No. 15167, 15171 of 2021
and WMP.No. 16059 and 16064 of 2021
JVS Export,
WF HTSC No.39224320291,
32, Sarojini Street, Chinnachokkikulam
Madurai 625 002.
rep. by its partner Britto .... Petitioner in both writ petitions
Vs
1. Tamilnadu Generation and Distribution
Corporation Ltd., (TANGEDCO),
10th floor, 144, Anna Salai, Chennai-600002.
rep. by its Chairman cum Managing Director
2. The Chief Engineer, NCES,
TANGEDCO, 2nd Floor, 144, Anna Salai,
Chennai -600002 ... R1, R2 in both writ petitions
3. The Superintending Engineer,
TANGEDCO, Coimbatore South Electricity
Distribution Circle, Coimbatore.
... R3 in W.P.No.15167 / 2021
The Superintending Engineer,
TANGEDCO, Dindigul Electricity Distribution Circle,
Dindigul ... R3 in W.P.No.15171/2021
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W.P.No.15167, 15171 of 2021
4. Tamil Nadu Electricity Regulatory Commission,
19-A, Rukumini Lakshmipathy Salai,
Egmore, Chennai 600 008
rep. by its Secretary .... R4 in both writ petitions
Prayer in W.P.No.15167 of 2021: Writ Petition is filed under Article 226 of
the Constitution of India praying to issue a Writ of Mandamus, directing the
first, second and third respondents to allow Utility Change by terminating
existing Energy Purchase Agreement dated 28.09.2011 and execute fresh
Energy Wheeling Agreement for own Captive Consumption of the energy
generated in petitioner's WF HTSC No.39224320291 as per the Common
order of the Hon'ble High Court of Judicature at Madras dated 30.08.2019,
which was upheld by the Division Bench dated 18.02.2020 and also by the
Hon'ble Supreme Court of India dated 24.09.2020 and consequently make
payment of Rs.49,85,495/- towards the wind energy sold from the
petitioner's WEG for the period from 07/2020 to till date as per their
respectively invoices along with interest at 1% per month for any delay in
payments.
Prayer in W.P.No.15171 of 2021: Writ Petition is filed under Article 226
of the Constitution of India praying to issue a Writ of Mandamus, directing
the first, second and third respondents to allow Utility Change by
terminating the existing Energy Purchase Agreement dated 31.03.2012 and
execute fresh Energy Wheeling Agreement for own Captive Consumption of
the energy generated in petitioner's WF HTSC No.59224500264 as per the
Common order of the Hon'ble High Court of Judicature at Madras dated
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W.P.No.15167, 15171 of 2021
30.08.2019, which was upheld by the Division Bench dated 18.02.2020 and
also by the Hon'ble Supreme Court of India dated 24.09.2020 and
consequently make payment of Rs.27,07,417/- towards the wind energy sold
from the petitioner's WEG for the period from 07/2020 to till date as per
their respectively invoices along with interest at 1% per month for any delay
in payments.
In both writ petitions
For Petitioner : Mr.S.P.parthasarathy
For Respondents : Mr.Abdul Kalam (TNEB)
COMMON ORDER
The petitioner company has installed two Windmills of each 1250KW capacity bearing WF HTSC Nos.39224320291 at Coimbatore District and WF HTSC No.39224320264 at Dindigul District and aggrieved over the non payment made by the respondents for the energy sold to them, these writ petitions have been filed.
2. Heard Mr. T.Chezhiyan, learned Counsel appearing for the petitioner and Mr.A.M.Kalam, learned Standing Counsel appearing for the respondents and perused the documents available on record.
3. The issue involved in the present writ petitions is for direction to the 3/8 http://www.judis.nic.in W.P.No.15167, 15171 of 2021 respondents for the execution of energy wheeling Agreement for captive consumption under the preferential tariff scheme on the application dated 30.11.2020 submitted by the petitioner.
4. The learned counsel for the writ petitioner submitted that earlier, for the similar prayer, a batch of writ petitions have been filed before this Court in W.P.Nos. 5196, 11725, 8459 & 8463 of 2019 and 6694 & 1275 of 2018.
This Court by common order dated 30.08.2019 allowed the writ petitions and granted relief to the petitioners. Challenging the same, the respondent/TANGEDCO preferred an appeal before this Court in W.A.Nos.
4189 of 2019 etc batch and the same was dismissed by the First Bench of this Court by judgment dated 18.02.2020, confirming the order passed in the writ petitions. It was further confirmed by the Hon'ble Supreme Court by order dated 24.09.2020, wherein the Special Leave Petition filed by TANGEDCO was dismissed, confirming the order passed by this Court in Writ Petitions and Writ Appeal.
5. Following the aforesaid decision, this High Court has also passed a 4/8 http://www.judis.nic.in W.P.No.15167, 15171 of 2021 recent order in W.P.No. 4989 of 2018 dated 20.04.2021. The learned counsel for the petitioner requested that the present writ petition may be decided on the same line.
6. In view of the above, the present writ petition deserves to be allowed with the following directions;
i. the respondent/TANGEDCO are directed to permit the petitioner to switch over to captive consumption, so as to use the same for their own industry subject to the verification by the respondent Board. The said exercise shall be completed within a period of six weeks from the date of receipt of a copy of this Order.
ii. the respondents/TANGEDCO are directed to settle the respective dues to the petitioner as per their respective invoices raised by them, along with interest as per Clause 6(b), within a period of two months from the date of receipt of a copy of this order.
7. In fine, with the above directions, the writ petitions in 5/8 http://www.judis.nic.in W.P.No.15167, 15171 of 2021 W.P.No.15167/2021 and 15171/2021 are stands allowed. No costs. Consequently, connected writ miscellaneous petitions are closed.
23.07.2021 Index : Yes/No Internet : yes mst To
1. Tamilnadu Generation and Distribution Corporation Ltd., (TANGEDCO), 10th floor, 144, Anna Salai, Chennai-600002. rep. by its Chairman cum Managing Director
2. The Chief Engineer, NCES, TANGEDCO, 2nd Floor, 144, Anna Salai, Chennai -600002
3. The Superintending Engineer, TANGEDCO, Coimbatore South Electricity Distribution Circle, Coimbatore.
4. The Superintending Engineer, TANGEDCO, Dindigul Electricity Distribution Circle, Dindigul.
5. Tamil Nadu Electricity Regulatory Commission, 19-A, Rukumini Lakshmipathy Salai, Egmore, Chennai 600 008 rep. by its Secretary 6/8 http://www.judis.nic.in W.P.No.15167, 15171 of 2021 7/8 http://www.judis.nic.in W.P.No.15167, 15171 of 2021 D. KRISHNAKUMAR, J mst W.P.No. 15167, 15171 of 2021 and WMP.No. 16059, 16064 of 2021 23.07.2021 8/8 http://www.judis.nic.in