M/S.Chettinad Cement v. Tamilnadu Generation And
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2025
CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.12760 & 17701 of 2019 W.M.P(MD)Nos.9494, 9495, 14199, 14200, & 15596 of 2019 M/s Chettinad Cement Corporation Pvt. Ltd., Rep. by its Company Secretary, Rani Meyyammai Nagar, Karikkali, Vedasandur Taluk, Dindigul - 624 703, Dindigul District.
..Petitioner in W.P(MD)No.12760 of 2019 M/s Kothari Sugars and Chemicals Limited, Kattur Post, Lalgudi (TK), Trichy District, Tiruchirapalli - 621 706, rep. by its Authorised Signatory ..Petitioner in W.P(MD)No.17701 of 2019 Vs 1.Tamil Nadu Generation and Distribution Corporation Ltd (TANGEDCO), rep. by its Chairman cum Managing Director, No.144, Anna Salai, Chennai - 600 002.
2.The Superintending Engineer, DEDC/M.N. Patty, Dindigul - 624 002.
3.The Chief Engineer (Distribution), TANGEDCO, K.Pudur, Madurai - 625 007, Madurai District.
.. Respondents in W.P(MD)No.12760 of 2019 1/5
1.Tamil Nadu Generation and Distribution Corporation Ltd (TANGEDCO), rep. by its Chairman cum Managing Director, No.144, Anna Salai, Chennai - 600 002.
2.The Chief Financial Controller/Revenue TANGEDCO, No.800, Anna Salai, Chennai - 600 002.
3.The Superintending Engineer, Trichy Electricity Distribution Circle/Metro, Mannarpuram, Trichy - 620 020.
..Respondent in W.P(MD)No.17701 of 2019 Prayer in W.P(MD)No.12760 of 2019: 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 relating to impugned Notice issued by the 2nd respondent in LR. No.SE/DGL/DFC/AO/REV/F.POC/ D.NO.345-2/ 2019 dated 16/05/2019 quash the same.
Prayer in W.P(MD)No.17701 of 2019: 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 comprised in the demand notice in Letter No.SE / TEDC M / TY / DFC / AO / REV / AAO / HT / AS / F POC / D.No.108-1/2019 dated 02/07/2019 issued by the 3rd respondent and the consequent inclusion of parallel operation charges in the current consumption bill for the month of July 2019 issued for HT Service Connection No. 06-909-442-0158 dated 30/07/2019 and quash the same as being arbitrary and illegal and consequently direct the third respondent to issue revised current consumption bill for the month of july 2019 issued for HT. Service Connection No.06-909-442-0158 excluding parallel operation charges. 2/5
In W.P(MD)No.12760 of 2019 For Petitioner : Mr.Raguvaran Gopalan For Respondents : Mr.S.Deenadhayalan Standing Counsel In W.P(MD)No.17701 of 2019 For Petitioner : Mr.R.Parthasarathy For Respondents : Mr.S.Deenadhayalan Standing Counsel COMMON ORDER It is informed that the issue involved in the present writ petitions has already been considered by the Appellate Tribunal for Electricity in Appeal Nos. 162 of 2019 and connected matters, in which the Tribunal has passed the following orders:
"37. We hold that parallel operation charges envisaged under Regulation 26 of Open Access Regulations, 2014 are leviable from only those captive generating plants who opt for parallel operation with the grid by submitting requisite application in this regard along with requisite fee as per the procedure prescribed under Regulation 5 of these Regulations."
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2. It is also informed that the said order has not been challenged.
3. In the light of the above, the impugned orders in these writ petitions are liable to be set aside. Accordingly, the writ petitions are allowed and the impugned orders in Lr. No. SE/DGL/DFC/AO/REV/F.POC/D.No. 345-2/2019 dated 16.05.2019 Lr.
No.
SE/TEDCM/TY/DFC/AO/REV/AAO/HT/AS/F.POC/D.No.108-1/2019 dated 02.07.2019 are set aside. No costs. Consequently, the connected miscellaneous petitions are closed.
20.11.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn 4/5
P.T.ASHA, J.
skn Writ Petition(MD)No.12760 & 17701 of 2019 W.M.P(MD)Nos.9494, 9495, 14199, 14200, & 15596 of 2019 20.11.2025 5/5