M/S. Prakash Flexible Pvt. Ltd vs The Chairman on 23 July, 2021

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Madras High Court

M/S. Prakash Flexible Pvt. Ltd vs The Chairman on 23 July, 2021

Bench: D. Krishnakumar

                                                                           W.P.No.15230 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. 15230 of 2021
                                               and WMP.No. 16124 of 2021

                     M/s. Prakash Flexible Pvt. Ltd.,
                     rep. by its Authorised Signatory,
                     Mr.S.Mohan Kumar, Plot No.10-15 & 22-27,
                     Phase-VIII, New Sidco Industrial Estage,
                     Maraimalai Nagar, Chennai 603 209.       ... Petitioner
                                                         Vs
                     1. The Chairman
                     TANGEDCO
                     144, Anna Salai,
                     Chennai-600002.

                     2. The Chief Engineer, NCES,
                     TANGEDCO
                     2nd Floor, 144, Anna Salai,
                     Chennai -600002

                     3. The Superintending Engineer,
                     Udumalpet EDC, TANGEDCO,
                     Udumalpet

                     Now known as
                     The Superintending Engineer,
                     Palladam EDC, TANGEDCO,
                     Palladam.                           ... Respondents


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https://www.mhc.tn.gov.in/judis/
                                                                                    W.P.No.15230 of 2021

                     Prayer: Writ Petition is filed under Article 226 of the Constitution of India
                     praying to issue a Writ of Mandamus, directing the respondents for the
                     termination of the PPA dated 12.06.2017 and to execute energy wheeling
                     Agreement for captive consumption under.


                                          For Petitioner     : Mr.T.Chezhiyan
                                          For Respondents   : Mr.A.M.Kalam (TNEB)

                                                            ORDER

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.

2. The issue involved in the present writ petition is for direction to the respondents for the execution of energy wheeling Agreement for captive consumption under the preferential tariff scheme on the application dated 30.03.2021 submitted by the petitioner.

3. The learned counsel for the writ petitioner submitted that earlier, for the similar prayer, a batch of writ petitions have been filed before this 2/6 https://www.mhc.tn.gov.in/judis/ W.P.No.15230 of 2021 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.

4. Following the aforesaid decision, this High Court has also passed a 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.

5. In view of the above, the present writ petition deserves to be allowed with the following directions;

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https://www.mhc.tn.gov.in/judis/ W.P.No.15230 of 2021 i. the respondent/TANGEDCO are directed to permit the petitioners 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.

6. In fine, with the above directions, the writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions is closed.

23.07.2021 Index : Yes/No Internet : yes mst To 4/6 https://www.mhc.tn.gov.in/judis/ W.P.No.15230 of 2021

1. The Chairman TANGEDCO 144, Anna Salai, Chennai-600002.

2. The Chief Engineer, NCES, TANGEDCO 2nd Floor, 144, Anna Salai, Chennai -600002

3. The Superintending Engineer, Udumalpet EDC, TANGEDCO, Udumalpet Now known as The Superintending Engineer, Palladam EDC, TANGEDCO, Palladam.

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https://www.mhc.tn.gov.in/judis/ W.P.No.15230 of 2021 D. KRISHNAKUMAR, J mst W.P.No. 15230 of 2021 and WMP.No. 16124 of 2021 23.07.2021 6/6 https://www.mhc.tn.gov.in/judis/

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