Energy Invesko Llp v. Tamilnadu Generation And Distribution Corporation Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.07.2023 CORAM: JUSTICE N.SESHASAYEE WP.No.22402 of 2023 Energy Invesko LLP., WEG No.059224760406, 821, Global Business Hub, EON IT Park Circle, Kharadi, Pune - 411 014, Repd by its Partner Mrs.Puja Garg
...Petitioner
-Vs1.Tamilnadu Generation and Distribution Corporation Ltd, (TANGEDCO), 10TH Floor, 144 Anna Salai, Chennai - 600 002, Represented by its Chairman Cum Managing Director.
2.Director Finance, 144, Anna Salai, Chennai - 600 002.
3.The Chief Engineer, NCES, 2ND Floor, 144, Anna Salai, Chennai - 600 002.
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4.The Superintending Engineer, Theni Electricity Distribution Circle, Theni
...Respondents
Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 2nd to 4th Respondent to make payment for the wind energy supplied from the Petitioner's WEG No.059224760406 upto March 2022 in 48 installments to the Petitioner directly or make payment of the total outstanding dues upto 30th June 2023 after deducting 17% rebate on the total outstanding as on 30th June 2023 to the Petitioner as per the Petitioner's representation dated 30.07.2022 & 26.04.2023.
For Petitioner : Mr.S.P.Parthasarathy For RR1 to 4 : Mr.D.R.Arunkumar, Standing Counsel for TNEB
ORDER
The petitioner pleads that he has purchased a windmill on 21.10.2020, that the entire energy produced therein both prior to the purchase and after the purchase is diverted to the respondent TANGEDCO and the respondent TANGEDCO is liable to pay requisite price for the energy purchased but, the respondent has issued notice as if it is going to make 2/6
the entire payment to the erstwhile owner of the windmill. The petitioner's grievance is routed right here.
2.The learned counsel for the petitioner submits that the erstwhile owner of the windmill has also given his No Objection Certificate. 3.Mr.D.R.Arunkumar, learned Standing Counsel for Tamil Nadu Electricity Board takes notice for the respondents. 4.A representation has been given by the petitioner for consideration on 30.07.2022 and another representation on 26.04.2023 to the fourth respondent.
5.The second respondent is now required to consider the representation of the petitioner and if required to give a personal audience to the petitioner's representative to clarify on any aspect which the second respondent may consider adverse to the petitioner's claim and dispose of the entire representation within a period of eight (8) weeks from the date of receipt 3/6
of a copy of this order.
6.The Writ Petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. 28.07.2023 Index : Yes/No Internet : Yes/No Tsg 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.Director Finance, 144, Anna Salai, Chennai - 600 002.
3.The Chief Engineer, NCES, 2ND Floor, 144, Anna Salai, Chennai - 600 002.
4.The Superintending Engineer, Theni Electricity Distribution Circle, 4/6
Theni N.SESHASAYEE, J., Tsg 5/6
Order made in 28.07.2023 6/6