M/S.Velatal Industries P Ltd., v. Tamil Nadu Electricity Regulatory Commission,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY M/S.VELATAL INDUSTRIES PRIVATE LIMITED, (FORMERLY KNOWN AS VELATAL SPINNING MILLS PRIVATE LIMITED) PALLIPALAYAM, ERODE-638 006.
REPD. BY ITS DIRECTOR P.SELVARAJ ... Petitioner Vs 1.
TAMIL NADU ELECTRICITY REGULATORY COMMISSION, THIRU.VI.KA. INDUSTRIAL ESTATE, GUINDY, CHENNAI-600 032.
REPRESENTED BY ITS SECRETARY.
2.
THE TAMIL NADU POWER DISTRIBUTION CORPORATION LTD (TNPDCL), 144, ANNA SALAI, CHENNAI-600 002, REPRESENTED BY ITS MANAGING DIRECTOR.
3.
TAMIL NADU GREEN ENERGY CORPORATION LIMITED, (TNGECL) 10TH FLOOR, 144, ANNA SALAI, CHENNAI - 600 002.
REP. BY ITS MANAGING DIRECTOR.
4.
THE CHIEF ENGINEER / NCES, (TNGECL) 2ND FLOOR, 144, ANNA SALAI, CHENNAI - 600 002.
5.
DIRECTOR FINANCE (TNPDCL), 144, ANNA SALAI, CHENNAI-600 002.
6.
THE SUPERINTENDING ENGINEER, 1/5
(TNPDCL) TIRUNELVELI ELECTRICITY DISTRIBUTION CIRCLE, TIRUNELVELI.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the second to sixth respondents to make payment of Rs.1,70,91,724/- being the difference in tariff (i.e., Rs.0.45 paisa per unit) payable towards the wind energy sold from the petitioner's WEG No.4289 & 4314 for the period from June/2017 to November/2022 as per the order passed by the first respondent in R.A.No.6 of 2013 dated 31.03.2016. For Petitioner : Mr.S.P.Parthasarthy For R1 to R6 : Mr.D.R.Arunkumar
ORDER
This writ petition is filed to direct the second to sixth respondents to make payment of Rs.1,70,91,724/- being the difference in tariff (i.e., Rs.0.45 paisa per unit) payable towards the wind energy sold from the petitioner's WEG No.4289 & 4314 for the period from June/2017 to November/2022 as per the order passed by the first respondent in R.A.No.6 of 2013 dated 31.03.2016.
2. When the matter came up for hearing, the learned counsel appearing on behalf of the petitioner would submit that the petitioner had already made a representation on 30.05.2024 wherein the petitioner also brought to the notice of the respondents that they had already verified the case of the petitioner and arrived at a finding regarding the facts. In view thereof, learned counsel 2/5
appearing for the petitioner submits that the petitioner's representation can be directed to be disposed of in accordance with law.
3. The learned counsel appearing on behalf of the respondents would submit that without any finding on merits, the authorities can be directed to consider the representation on its own merits in accordance with the law.
4. In view thereof, this writ petition is disposed of on the following terms:- The petitioner's representation dated 30.05.2024 for payment of the above difference in tariff amount, shall be considered by the fourth to sixth respondents, on its own merits in accordance with law as expeditiously as possible, in any event not later than eight weeks from the date of receipt of the web copy of the order without waiting for the certified copy of the order. No costs.
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TAMIL NADU ELECTRICITY REGULATORY COMMISSION, 3/5
THIRU.VI.KA. INDUSTRIAL ESTATE, GUINDY, CHENNAI-600 032.
REPRESENTED BY ITS SECRETARY.
2.
THE TAMIL NADU POWER DISTRIBUTION CORPORATION LTD (TNPDCL), 144, ANNA SALAI, CHENNAI-600 002, REPRESENTED BY ITS MANAGING DIRECTOR.
3.
TAMIL NADU GREEN ENERGY CORPORATION LIMITED, (TNGECL) 10TH FLOOR, 144, ANNA SALAI, CHENNAI - 600 002.
REP. BY ITS MANAGING DIRECTOR.
4.
THE CHIEF ENGINEER / NCES, (TNGECL) 2ND FLOOR, 144, ANNA SALAI, CHENNAI - 600 002.
5.
DIRECTOR FINANCE (TNPDCL), 144, ANNA SALAI, CHENNAI-600 002.
6.
THE SUPERINTENDING ENGINEER, (TNPDCL) TIRUNELVELI ELECTRICITY DISTRIBUTION CIRCLE, TIRUNELVELI.
D.BHARATHA CHAKRAVARTHY, J.
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