Tamil Nadu Generation And Distribution v. The Ministry Of Power
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.04.2024
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.140 & 145 of 2024 and 34884, 34885 & 34886 of 2023 Tamil Nadu Generation and Distribution Corporation Limited, Rep By Chief Financial Controller / Regulatory Cell, 7th Floor, NPKRR Maaligai, No.144, Anna Salai, Chennai- 600 002.
... Petitioner Vs.
1. The Ministry Of Power, Rep. by its Secretary, Union Of India, Shram Shakti Bhawan, Rafi Marg, New Delhi-110 001.
2. Power Grid Corporation Of India Limited, Rep. by its Chief General Manager, "Saudamani", Plot No.2, Sector-29, Gurgaon-122 001.
3. Central Transmission Utility Of India Ltd., Rep. by Its Chief General Manager (Commercial), "Saudamani", Plot No.2, Sector-29, Gurgaon-122 001.
4. The Southern Regional Load Dispatch Centre, Rep. by its Executive Director, No.29, Race Course Cross Road, Bangalore- 560 009. 1/6
5. The Chief General Manager, P.F.C. Consulting Limited, 9th Floor, A Wing Statesman House, Barakhamba Lane, Connaught Place, New Delhi- 110 001, India.
... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorari, calling for the records pertaining to the impugned invoices Nos. 94201085, 94103132, 94103230 and 94103427 dated 17.04.2023, 01.06.2023, 03.07.2023 and 01.08.2023 respectively and the impugned notice in Ref No.CTUIL/TANGEDCO/2023 dated 11.12.2023 of the 3rd Respondent and consequential impugned mail communication of the fifth respondent dated 12.12.2023, quash the same.
For Petitioner :Mr.P.Wilson, Senior Counsel for Mr.D.R.Arun Kumar For Respondents : Mr.R.Rajesh Vivekananthan, Deputy Solicitor General of India, (for R1);
Mr.A.R.L.Sundaresan, Senior Counsel, assisted by M/s.Aiyar and Dolia for Mr.V.Kalyana Raman and Ms.Swapna (for R2);
Ms.Varsha (for R3);
R4-Not ready in Notice;
No Appearance (for R5).
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ORDER
The learned senior counsel Mr.P.Wilson, appearing on behalf of writ petitioner, would submit that the writ petition has been instituted challenging 4 invoices.
2. The writ petitioner approached APTEL questioning the old tariff and the matter was remanded to CERC for fresh adjudication. Meanwhile, fresh invoices were issued by the respondents and the writ petitioner has settled the invoice amount to the tune of Rs.791.24 Crores. That being the factum, the cause of filing the present writ petition became vanished and no further adjudication is required.
3. The learned Senior Counsel, Mr.AR.L.Sundaresan, would submit by stating that the respondents are empowered to issue further invoices in respect of the balance amount and interest.
4. There is no impediment for the respondents to issue fresh invoices in accordance with law.
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5. With these observations, the writ petition stands closed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
12.04.2024 Index : Yes Speaking Order (sha) 4/6
To
1. The Ministry Of Power, Rep. by its Secretary, Union Of India, Shram Shakti Bhawan, Rafi Marg, New Delhi-110 001.
2. Power Grid Corporation Of India Limited, Rep. by its Chief General Manager, "Saudamani", Plot No.2, Sector-29, Gurgaon-122 001.
3. Central Transmission Utility Of India Ltd., Rep. by Its Chief General Manager (Commercial), "Saudamani", Plot No.2, Sector-29, Gurgaon-122 001.
4. The Southern Regional Load Dispatch Centre, Rep. by its Executive Director, No.29, Race Course Cross Road, Bangalore- 560 009.
5. The Chief General Manager, P.F.C. Consulting Limited, 9th Floor, A Wing Statesman House, Barakhamba Lane, Connaught Place, New Delhi- 110 001, India.
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S.M.SUBRAMANIAM . J., (sha) 12.04.2024 6/6