Top Light Renewable Energy P Ltd., v. Tamil Nadu Electricity Regulatory Commission

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.3175 & 3178 of 2023 Top Light Renewable Energy Private Ltd., 15A, Suriya Nagar, ABT Road New Extn.

Karuvampalayam, Tirupur-641604, Rep. By its Authorised Signatory S.Paramasivam ... Petitioner Vs.

1.Tamil Nadu Electricity Regulatory Commission repd. By its Secretary, 19-A, Rukminilakshmipathysalai, (Marshall's Road) Egmore, Chennai-600 008.

2.The Tamil Nadu Generation and Distribution Corporation Ltd (TANGEDCO) 144, Anna Salai, Chennai-600 002, Represented by its Chairman.

3.The Chief Engineer-NCES Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), 2nd Floor, 144 Anna Salai, Chennai-600 002.

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4.The Chief Financial Controller/Revenue Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), 2nd Floor, 144 Anna Salai, Chennai-600 002.

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

6.The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladam.

7.The Superintending Engineer, TANGEDCO, Karur Electricity Distribution Circle, Karur.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of the seventh respondent's impugned demand notice fbj vz;.Nkngh/f&u;/ Jepfm/fm/t/ckp/Nfh.Nrhyhu;/vz;.367 2022 ehs; 15.12.2022 and fbj vz;.

Nkngh/f&u;/Jepfm/fm/t/ckpm/Nfh.Nrhyhu;/vz;.20/2023 ehs;

31.01.2023 and quash the same as illegal, arbitrary and without authority of law and against the orders of the first respondent in D.R.P.No.8 of 2009, dated 26.08.2009 and the Solar Tariff Order No.5 of 2019, dated 29.03.2019 and contrary to the Circular Memo dated 03.02.2016 issued by the Director Finance/TANGEDCO.

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For Petitioner : Mr.RM.Loganathan for Mr.R.S.Pandiyaraj For Respondents : Mr.S.Deenadhayalan Standing Counsel

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Standing counsel appearing for TANGEDCO.

2. The stand of the petitioner is that the impugned demand is not in consonance with the tariff order dated 31.03.2016 passed by the Tamil Nadu Electricity Regulatory Commission and the order made in D.R.P.No.8 of 2009 dated 26.08.2009.

3. I find force in the said contention. I consciously refrain from going into the details. In this view of the matter, the impugned notice and the impugned order are set aside and the matter is remitted to the file of the seventh respondent. The seventh respondent shall pass a fresh order on merits and in accordance with law after hearing the petitioners. This writ petition stands allowed.

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G.R.SWAMINATHAN, J.

rmi

4. It appears that the impugned order is based on the audit objection. A copy of the same shall be furnished to the petitioner. I make it clear that the seventh respondent can furnish a copy of the audit objection through email and the petitioner shall not adopt any dragging on tactics. The seventh respondent shall pass order within a period of two weeks from the date of receipt of a copy of this order. The petitioner shall appear before the seventh respondent on 24.02.2023 at 3.00 p.m. A copy of the audit objection shall be served to the petitioner by then. The petitioner can take two days time to offer his reply. No costs. Consequently, connected miscellaneous petitions are closed. 21.02.2023 Index : Yes / No Internet : Yes/ No rmi NOTE: Issue Order Copy on 22.02.2023 4/4