Tamil Nadu Generation And Distribution v. The Ministry Of Power

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.02.2023

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No. 3570 of 2023 And W.M.P.No. 3628 of 2023 1.

Tamil Nadu Generation and Distribution Corporation Ltd., Represented by its Chairman cum Management Director No.144, Anna Salai, Chennai - 600 002.

2.

The Chief Engineer Non-Conventional Energy Sources (NCES) 2nd Floor, NPKRR Maaligai 144 Anna Salai, Chennai - 600 002.

... Petitioners ..Vs..

1.

The Ministry of Power Represented by its Secretary Union of India Shram Shakti Bhawan Rafi Marg, New Delhi - 110 001.

2.

M/s. Ramnad Renewable Energy Ltd., Adani House,

3.

M/s. Kamuthi Solar Power Ltd., Adani House ... Respondents PRAYER: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus directing the 1st respondent not to block the power purchase Corridor of the TANGEDCO for non-payment of the disputed claim pertaining to the invoice No.PREL/SOLAR/RMD/DIFF/01, dated 03.12.2022 and Invoice No. PREL/SOLAR/RMD/SUPPLEMENT/01, dated 03.12.2022 of the 2nd respondent and Invoice No.

KSPL/SOLAR/RMD/DIFF/01, dated 03.12.2022, of the third respondent respectively in the PRAAPTI portal by considering the representation dated 21.01.2023 of the first petitioner and pending disposal of the Civil Appeal in Dairy No. 38926 of 2022 before the Hon'ble Supreme Court. *** For Petitioners :: Mr.P.S.Raman Senior Counsel for Mr.D.R.Arun Kumar For 1st Respondent :: Mr. R.Rajesh Vivekananthan CGSC For RR 2 & 3 :: Mr.Vijay Narayan Senior Counsel for Mr. Rahul Balaji

ORDER

It is fairly stated by the learned Senior Counsel on behalf of the petitioner that the Statutory Appeal had come up for consideration before the Hon'ble Supreme Court in Civil Appeal Diary No(s). 38926 of 2022 on 17.02.2023. On hearing the learned Senior Counsels for all the parties, the Hon'ble Supreme Court had passed the following order:- "1. Delay condoned.

2. Admit.

3. Interim relief refused."

2. Nothing further survives for adjudication in the present Writ Petition. The Writ Petition stands dismissed. No order as to costs. Consequently, connected Miscellaneous Petition is closed.

3. However, the learned Senior Counsel stated that incidentally, the petitioners herein had given a representation on 21.01.2023 which does not touch upon the grounds raised before the Hon'ble Supreme Court but on general issues and a request is made that the first respondent may examine that particular representation.

4.

I would leave it to the wisdom of the first respondent to examine that particular representation and pass an order which is appropriate in the circumstances of the case. 4.

The presence of the learned Senior Counsel for the second and third respondents is also recorded.

21.02.2023 vsg Index: Yes/No Internet: Yes/No Speaking / Non Speaking Order To 1.

The Secretary The Ministry of Power Union of India Shram Shakti Bhawan Rafi Marg, New Delhi - 110 001.

2.

M/s. Ramnad Renewable Energy Ltd., Adani House, 3.

M/s. Kamuthi Solar Power Ltd., Adani House

C.V.KARTHIKEYAN, J., vsg W.P.No. 3570 of 2023 And W.M.P.No. 3628 of 2023 21.02.2023