M/S.Opulent Ventures Private v. Tangedco
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :22.11.2022
CORAM:
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR W .P.No.29301 of 2015 M/s.Opulent Ventures Private Limited SINDHU KANYA No.6, Silva Road, Mylapore Chennai 600 004 ... Petitioner Vs.
1.TANGEDCO Rep. by its Chairman & Managing Director No.144, Anna Salai Chennai - 02 2.The Chief Financial Controller (Revenue) TANGEDCO 144, Anna Salai Chennai - 02 3.The Superintending Engineer TANGEDCO Thiruvannamalai Electricity Distribution Circle Thiruvannamalai 4.The Superintending Engineer Tamil Nadu Electricity Board Tirunelveli Electricity Distribution Circle Page No.1 of 8
5.The Superintending engineer Tamil Nadu Electricity Board Central Electricity Distribution Circle Chennai 6.The Superintending Engineer Tamil Nadu Electricity Board Chengalpet Electricity Distribution Circle Chengalpet 7.The Accounts Officer / Revenue Thiruvannamalai EDC, TANGEDCO Thiruvannamalai 8.The Accounts Officer / Revenue Tirunelveli EDC, TANGEDCO 9.The Accounts Officer / Revenue Central Electricity Distribution Circle Chennai 10.The Accounts Officer / Revenue Chengalpet Electricity Distribution Circle Chengalpet 11.Ashley Alteams India Limited Plot No.8, SIPCOT Industrial Park Nellaperumbulimedu Village Cheyyat Taluk 12.Hotel Leela Venture Limited R.S.No.4288/108, 110 & 114 BLOCK NO.94, Sathyadev Avenue MRC Nagar Page No.2 of 8
RA Puram Chennai - 28 13.Punch Ratna Fasteners UNIT-II, Plot No.B-34, SIPCOT Industrial Park Oragadam, Sriperumbudur Taluk Oragadam 602 105 ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to implement the order of the Hon'ble TNERC in DRP.No.19 of 2013 dated 19.01.2015 by effecting appropriate priority in adjustment of the REC Wind Units against the HTSC No.51 for the period 2013 - 2014 & 2014 - 2015 and make payments of the unutilized banked units to the petitioner or to the 11th, 12th or 13th respondents, as the case may be within such period as this Court may fix and along with interest at the rate of 12% per annum from the due date until the date of payment.
For Petitioner : Mr.Rahul Balaji For Respondents : Mr.L.Jaivenkatesh for R1 to R10 & R7 No Appearance - R11 to R13
O R D E R
The Writ Petition is filed for implementing the orders of the Hon'ble TNERC in DRP.No.19 of 2013 dated 19.01.2015 as far as the priority of Page No.3 of 8
adjustment between REC and non-REC unit while allowing the D.R.P.No.19 of 2013. The observation of the order reads as follows; "5.7....
.....
"Applying the above principle in this case, we order that the TANGEDCO shall first adjust the wheeled energy generated from the petitioner's WEG under REC scheme which has an adjustment or banking period of one month and then adjust the energy generated from other captive / third party generators which have a banking period of one year. The TANGEDCO is directed to revise the bill of the petitioner based on the energy adjustment priority specified in this order and settle the account within a period of three months from the date of issue of this order".
2.As the amount has not been paid pursuant to the direction of TNERC orders, this writ petition came to be filed. 3.It is also the contention of Mr.Rahul Balaji, the learned counsel for the petitioner that the order of the TNERC has been challenged before Page No.4 of 8
the Appellate Tribunal, which has upheld the order of the TNERC, thereafter, the same was challenged the same in Civil Appeal No.15618 of 2017 before the Hon'ble Supreme Court of India. The Apex Court dismissed the Appeal. The respondent also filed an affidavit before the Hon'ble Apex Court. He has also brought to the notice of this Court the affidavit filed in Civil Appeal No.15618 of 2017. Paragraph No.7 of the affidavit reads as follow:
"It is respectfully submitted that the appellant is following certain procedure of adjustment right from the year 2008 which is one and the same as ordered by the Ld. TNERC vide notification dated 21.03.2022. With regard to the priority among WEGs under REC and non-REC, the appellant is following the order of the Ld. TNERC dated 19.01.2015 in DRP.No.19 of 2013. In this connection, it is relevant to mention that the respondents herein had also not disputed the adjustment procedure. Hence, it is respectfully submitted that it may be construed that the appellant has adopted procedure laid down in the notification dated 21.03.2022 for adjustment priority among WEGs under REC and non-REC with effect from 01.08.2012 retrospectively. Per contra, the above mentioned notification dated 21.03.2022 shall be Page No.5 of 8
adopted prospectively for other energy sources of the High Tension consumers."
4.The very challenge is made against the order of TNERC has been upheld by the Hon'ble Apex Court. The TANGEDCO has also agreed to follow the order of TNERC dated 19.01.2015 and now they are bound to pay the amount as sought in the writ petition. 5.Such view of the matter, the Writ Petition stands allowed, directing TANGEDCO to pay the amount due to the writ petitioner, after proper verification of the accounts with interest at 12% p.a.. Such payment shall be made within a period of two (2) months from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petition if any is closed. No costs.
22.11.2022 (4/4) kas Page No.6 of 8
To 1.TANGEDCO Rep. by its Chairman & Managing Director No.144, Anna Salai Chennai - 02 2.The Chief Financial Controller (Revenue) TANGEDCO 144, Anna Salai Chennai - 02 3.The Superintending Engineer TANGEDCO Thiruvannamalai Electricity Distribution Circle Thiruvannamalai 4.The Superintending Engineer Tamil Nadu Electricity Board Tirunelveli Electricity Distribution Circle 5.The Superintending engineer Tamil Nadu Electricity Board Central Electricity Distribution Circle Chennai 6.The Superintending Engineer Tamil Nadu Electricity Board Chengalpet Electricity Distribution Circle Chengalpet 7.The Accounts Officer / Revenue Thiruvannamalai EDC, TANGEDCO Thiruvannamalai Page No.7 of 8
N.SATHISH KUMAR, J.
kas 8.The Accounts Officer / Revenue Tirunelveli EDC, TANGEDCO 9.The Accounts Officer / Revenue Central Electricity Distribution Circle Chennai 10.The Accounts Officer / Revenue Chengalpet Electricity Distribution Circle Chengalpet 22.11.2022 (4/4) Page No.8 of 8