M/S.Siva Electric Generation Pvt Ltd v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.9855 of 2020 and W.M.P.No.11973 of 2020 M/s.Siva Electric Generation Pvt.Ltd, Rep.by its Managing Director, Mr.V.Velumani, No.12-A, Kandampalayam, Perundurai - 638 052.

...Petitioner

Vs 1.The Chairman, TANGEDCO, 144, Anna Salai, Chennai - 600 002.

2.The Chief Engineer, NCES, TANGEDCO, 2nd Floor, 144, Anna Salai, Chennai - 600 002. 3.The Superintending Engineer, Palldam EDC, TANGEDCO, 56B, Trichy Road, Palladam.

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a writ of mandamus, directing the respondents for the termination of the PPA's dated 05.04.2018 and to execute energy wheeling agreement for captive consumption.

For petitioner : Mr.T.Chezhiyan For respondents : Mr.N.Damodaran Standing Counsel https://hcservices.ecourts.gov.in/hcservices/

ORDER

Heard Mr.T.Chezhiyan, learned counsel appearing for the petitioner and Mr.N.Damodaran, learned Standing Counsel appearing for the respondents.

2.The issue that has been raised in the present writ petition is covered by the earlier order passed by this Court in a batch of writ petitions in W.P.Nos.5196, 11725, 8459 & 8463 of 2019 and 6694 & 1275 of 2018 dated 30.08.2019. This Court was subsequently confirmed by the First Bench of this Court in W.A.Nos.4189, 4194, 4197, 4201, 4204 and 4205 of 2019 dated 18.02.2020.

3.In view of the above, this writ petition is allowed with the following directions:

(a) the respondents / TANGEDCO are directed to permit the petitioner to switch over to captive consumption so as to use the same for their own industry.

(b) 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.

4. This writ petition is allowed accordingly. No costs. Consequently, the connected miscellaneous Petition is closed. Sd/- Assistant Registrar(CS ) //True copy// Sub Assistant Registrar Pns To 1.The Chairman, TANGEDCO, 144, Anna Salai, Chennai - 600 002.

2.The Chief Engineer, NCES, TANGEDCO, 2nd Floor, 144, Anna Salai, Chennai - 600 002. 3.The Superintending Engineer, Palldam EDC, TANGEDCO, 56B, Trichy Road, Palladam.

W.P.No.9855 of 2020 VSN II(CO) GMY(29/09/2020) https://hcservices.ecourts.gov.in/hcservices/