Siva Engineering Company v. Tamil Nadu Electricity
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.11.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.23541 of 2021 Siva Engineering Company, R.Muthusamy & Brothers Industrial Complex, T.S.No.6/2, Palladam Road, Tiruppur - 641 604, Represented by its Managing Partner M.Sivasubramaniam.
...Petitioner
Vs 1.Tamil Nadu Electricity Regulatory, Commission rep.by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Raod), Egmore, Chennai - 600 008.
2.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai 600 002.
3.Director Finance, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai 600 002.
4.The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladam
...Respondents
Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 3 & 4 to forthwith make payment of Rs.13,49,084/- which according to the petitioner is due and payable for the Wind Energy Generated and supplied by the petitioner to the respondents from 01.04.2016 to 31.03.2017.
For Petitioner :
M.Mythili For Respondents :
Mr.Abul Kalam
O R D E R
The petitioner has filed this writ petition praying to issue a Writ of Mandamus directing the respondents 3 & 4 to forthwith make payment of Rs.13,49,084/-, which according to them, is due and payable for the Wind Energy Generated and supplied by the petitioner to the respondents from 01.04.2016 to 31.03.2017.
2. The petitioner entered into an agreement with the respondents for production of wind energy. An agreement dated 09.05.2012 has been entered into between the petitioner and the respondents. As per the agreement, it is stated that the petitioner has produced wind energy between 01.04.2016 and 31.03.2017. The grievance of the petitioner is that even though the petitioner has supplied wind energy, the respondents did not pay the dues to the petitioner. The petitioner also submitted a representation dated 20.07.2018 to the respondents requesting to release the payment for the wind energy supplied by them. However, it is stated that the respondents have neither paid the amount nor caused a reply to the representation dated 20.07.2018. Hence, this writ petition.
3. Heard the counsel for both sides and perused the materials placed on record. It is apparent that the petitioner supplied wind energy to the respondents between 01.04.2016 and 31.03.2017. Seeking to release payment for the wind energy supplied, they have also submitted a representation dated 20.07.2018, but the respondents have not considered the same so far. Having regard to the above, this Court directs the third and fourth respondents herein to consider the representation dated 20.07.2018 of the petitioner and pass orders on merits and in accordance with law, after affording an opportunity to the petitioner, within a period of 6 weeks from the date of receipt of a copy of this order.
4. With the above direction, this writ petition is disposed of. No costs. Consequently, WMP No. 24759 of 2021 is closed. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar av/rsh
To 1.Tamil Nadu Electricity Regulatory, Commission rep.by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Raod), Egmore, Chennai - 600 008.
2.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai 600 002.
3.Director Finance, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai 600 002.
4.The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladm.
+1cc to Mrs.M.Mythili, Advocate, S.R.No.56588 W.P.No.23541 of 2021 and WMP.No.24759 of 2021 EV(CO) RVM(25/11/2021)