M/S.Mod Forge P Ltd, v. Tamilnadu Generation And Distribution,
2024:MHC:1079
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 04.03.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH M/s.MOD Forge P Ltd., 103, Sidco Aiema Tower, #1, 1st Main Road, Ambattur Industrial Estate, Chennai - 600 058 Repd by its General Manager S.Krishnamurthy ... Petitioner Vs 1.Tamilnadu Generation and Distribution Corporation Ltd, (TANGEDCO) 10th Floor, 144, Anna Salai, Chennai - 600 002.
Represented by its Chairman Cum Managing Director.
2.The Chief Engineer, NCES, TANGEDCO, 2nd Floor, 144, Anna Salai, Chennai - 600 002 3.The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tiruvelveli.
.... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd and 3rd respondent to effect migration in Petitioner's WEG Nos.079224723212 from sale to board to own captive consumption in their industry bearing HTSC No.019094041787 by executing a fresh Energy Wheeling Agreement as per Petitioner's application 1/4
dated 09.04.2023 and consequential representation dated 11.10.2023 on payment of necessary charges.
For Petitioner : Mr.S.P.Parthasarathy For Respondents :Ms.R.Rebacca Vasanthini Percy for Mr.D.R.Arun Kumar Standing Counsel
O R D E R
Ms.R.Rebacca Vasanthini Percy, learned counsel appearing on behalf of Mr.D.R.Arunkumar, learned Standing Counsel accepts notice for the respondents and states that in similar circumstances, this Court in W.P.No.23788 of 2023, has passed the following order: The petitioner has purchased a windmill from M/s.Powerica Limited. It requires name transfer and migration from sale to TANGEDCO to captive consumption of the petitioner. The second respondent has called for a NOC from the third respondent and this too has been made available by the third respondent and the papers are now pending before the second respondent. 2.Mr.D.R.Arun Kumar, learned Standing Counsel for Tamil Nadu Electricity Board takes notice for the respondents. 3.
The second respondent is now required to take a call on the representation of the petitioner for transfer and migration visa-vis the consumption of the energy to be generated within a period of six (6) weeks, if the papers are otherwise in order. If the second respondent contemplates any rejection of the request, it is directed that he shall give a personal audience to the petitioner's representation and shall decide the issue through a detailed speaking order.
4.The Writ Petition is disposed of accordingly. No costs. 2/4
2. In addition, the petitioner would point out that the decision of TANGEDCO not to accept similar request from Wind Energy Generators and to terminate the Energy Purchase Agreement and not allow migration from sale to board to Group Captive/third party use would be effective only from 30.06.2023.
3. The application of the petitioner for migration and sale is prior to 30.06.2023, i.e., on 09.04.2023, which has been recommended by the Superintending Engineer, Tirunelveli on 27.04.2023. Under the same order, he confirms that there are no dues payable by the petitioner.
4. This aspect of the matter will also be taken into account by the respondents while disposing petitioner's representation dated 09.04.2023 and 11.10.2023, after hearing the petitioner. Let this exercise be completed within a period of four (4) weeks from date of receipt of a copy of this order and having regard to the position as captured in the preceding paragraphs.
5. This Writ Petition is disposed in the aforesaid terms. No costs. 04.03.2024 Index : Yes / No Speaking order sl 3/4
Dr.ANITA SUMANTH,J.
sl To 1.Tamilnadu Generation and Distribution Corporation Ltd, (TANGEDCO) 10th Floor, 144, Anna Salai, Chennai - 600 002.
Represented by its Chairman Cum Managing Director.
2.The Chief Engineer, NCES, TANGEDCO, 2nd Floor, 144, Anna Salai, Chennai - 600 002 3.The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tiruvelveli.
04.03.2024 4/4