Madras High CourtWP/648/2017disposed of

M/S.Mahalskhmi Poly Weaves v. Tamilnadu Generation And

2021-11-19Honourable Mr Justice Krishnan Ramasamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.11.2021

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.648 of 2017 and W.M.P.Nos.697 & 698 of 2017 M/s.Mahalakshmi Poly Weaves India Pvt.Ltd., HT SC No.181 No.196/1, 197/1A, 2A, Karumpalayam Villa, Cheyur Road, Avinashi Taluk, Tirupur, represented by its Authorized Signatroy Rajkamal

...Petitioner

..Vs..

1.Tamil Nadu Generation and Distribution Corporation Ltd, Rep.by its Chairman & Managing Director, 144, Anna Salai, Chennai - 600 002.

2.Tamil Nadu Transmission Corporation Ltd., Rep.by its Managing Director, 144, Anna Salai, Chennai - 600 002.

3.Tamil Nadu Electricity Regulatory Commission, Rep.by its Secretry, No.19A, Rukmini Lakshmipathy Salai, Egmore, Chennai - 600 008.

4.Chief Engineer/NCES, (Non Conventional Energy Sources) 144, Anna Salai, Chennai - 600 002.

5.Superintending Engineer, Tirupur Electricity Distribution Circle, TANGEDCO, Tirupur.

...Respondents

PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents and their men, agents from collecting Scheduling and System Operation Charges alone from the petitioner based on the 4th respondent's Circular Memo dated 18.08.2016 until the final order passed by Appellate Tribunal for Electricity New Delhi vide Appeal No.177 of 2016.

For Petitioner : Mr.S.P.Parthasarathy For Respondents : Mr.Abdul Kalam Standing Counsel for R1, R2, R4 & R5 R3 - Court

ORDER

This writ petition has been filed to forbear the respondents and their men, agents from collecting Scheduling and System Operation Charges alone from the petitioner based on the 4th respondent's Circular Memo dated 18.08.2016 until the final order passed by Appellate Tribunal for Electricity New Delhi vide Appeal No.177 of 2016.

2. This Court vide order dated 10.01.2017, passed the following interim order:

"Mr.S.K.Rameshuwar, learned standing counsel takes notice on behalf of the respondents 1, 2, 4, & 5. Notice to the third respondent returnable by 18.01.2017.

2.Both the learned counsel for the petitioner and the learned standing counsel for the respondents 1, 2, 4 & 5 have submitted that the issue raised in the present writ petition is related to the pending Writ Petition No.35657 of 2016, wherein this Court, by order dated 06.10.2016, passed the following order:- "To strike a fine balance between the rights of the parties, instead of directing the petitioner to pay at the old rate or at the rate, as per the new Tariff order, this Court directs the petitioner to pay @ Rs.300/- per day, irrespective of the capacity of WEGs, towards Scheduling and System Operating Charges, pending disposal of the writ petition".

3. In view of the above, there shall be a direction in this writ petition to the petitioner to pay at the rate of Rs.300/- per day, irrespective of the capacity of Wind Energy Generators (WEGs), towards Scheduling and System Operating Charges, pending disposal of the writ petition.

4. Post this writ petition along with W.P.No.35657 of 2016 on 18.01.2017. In the meanwhile, the respondents shall file the counter affidavit."

3. Today when the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that the Appeal No.177 of 2016, is still pending before the Appellate Tribunal. The issue involved in the present writ petition and the issue before the Appellate Tribunal are one and the same. Therefore, whatever the order passed by the Appellate Tribunal, will directly apply to the petitioner herein.

4. In view of the above, keeping this writ petition pending will not serve any purpose and this Court is inclined to close the writ petition.

5. Accordingly, the writ petition stands closed with a direction to the petitioner to pay at the rate of Rs.300/- per day, irrespective of the capacity of Wind Energy Generators (WEGs), towards Scheduling and System Operating Charges, pending disposal of the Appeal No.177 of 2016, before the Appellate Tribunal for Electricity, New Delhi.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar Pns To 1.The Chairman & Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd, 144, Anna Salai, Chennai - 600 002.

2.The Managing Director, Tamil Nadu Transmission Corporation Ltd., 144, Anna Salai, Chennai - 600 002.

3.Secretary, Tamil Nadu Electricity Regulatory Commission, No.19A, Rukmini Lakshmipathy Salai, Egmore, Chennai - 600 008.

4.Chief Engineer/NCES, (Non Conventional Energy Sources) 144, Anna Salai, Chennai - 600 002.

5.Superintending Engineer, Tirupur Electricity Distribution Circle, TANGEDCO, Tirupur.

6. The Appellate Tribunal for Electricity New Delhi +1cc to Mr.R.S.Pandiyaraj, Advocate, S.R.No.59736 W.P.No.648 of 2017 and W.M.P.Nos.697 & 698 of 2017 KSM(CO) SB(08/12/2021)