Madras High Court
M/S.Vaayu India Power ... vs The Chairman on 11 August, 2021
W.P.No.16724 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.08.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.16724 of 2021
M/s.Vaayu India Power Corporation Pvt.Ltd
Rep.by its Authorised Signatory V.Chandrasekar
2nd Floor, Fagun Chambers, 4/26, Ethiraj Salai
Chennai 600 105. …. Petitioner
-Vs-
1. The Chairman
TANGEDCO
144, Anna Salai,
Chennai-600002.
2. Chief Financial Controller (General)
TANGEDCO
7th Floor, 144, Anna Salai,
Chennai-600002.
3. The Chief Engineer, NCES,
TANGEDCO
2nd Floor, 144, Anna Salai,
Chennai -600002
3. The Superintending Engineer,
TANGEDCO,
Tirunelveli EDC,
Tiruneleveli. …. Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the
issuance of a Writ of Mandamus directing the respondents for the execution of Energy
Wheeling Agreement for captive consumption under the Preferential Tarrif Scheme
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W.P.No.16724 of 2021
on the application submitted by the Petitioner dated 12.7.2021 in the name of its
special purpose vehicle namely M/s.Vaayu Renewable Energy (Godavari) Pvt Ltd.
For Petitioner : Mr.T.Chezhiyan
For Respondents : Mr.L.Jai Venkatesh, Standing Counsel
ORDER
Heard Mr. T.Chezhiyan, learned Counsel appearing for the petitioner and
Mr.L.Jai Venkatesh, learned Standing Counsel appearing for the respondents and
perused the documents available on record.
2. The issue involved in the present writ petition is for direction to the
respondents for the execution of energy wheeling Agreement for captive consumption
under the preferential tariff scheme on the application dated 12.07.2021 submitted
by the petitioner in the name of its special purpose vehicle namely M/s.Vaayu
Renewable Energy (Godavari) Pvt. Ltd..
3. The learned counsel for the writ petitioner submitted that earlier, for the
similar prayer, a batch of writ petitions have been filed before this Court in W.P.Nos.
5196, 11725, 8459 & 8463 of 2019 and 6694 & 1275 of 2018. This Court by common
order dated 30.08.2019 allowed the writ petitions and granted relief to the
petitioners. Challenging the same, the respondent/TANGEDCO preferred appeal
before this Court in W.A.Nos. 4189 of 2019 etc batch and the same was dismissed by
the First Bench of this Court by judgment dated 18.02.2020, confirming the order
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W.P.No.16724 of 2021
passed in the writ petitions. It was further confirmed by the Hon'ble Supreme Court
by order dated 24.09.2020, wherein the Special Leave Petition filed by TANGEDCO
was dismissed, confirming the order passed by this Court in Writ Petitions and Writ
Appeal.
4. Following the aforesaid decision, this High Court has also passed a recent
order in W.P.No. 4989 of 2018 dated 20.04.2021. The learned counsel for the
petitioner requested that the present writ petition may be decided on the same line.
5. In view of the above, the present writ petition deserves to be allowed with
the following directions;
“The respondent/TANGEDCO are directed to permit the petitioners to
switch over to captive consumption, so as to use the same for their
group of companies subject to the verification by the respondent
Board. The said exercise shall be completed within a period of six
weeks from the date of receipt of a copy of this Order.”
6. In fine, with the above direction, the writ petition stands allowed. No costs.
11.08.2021
Index :Yes/No
Internet : Yes/No
KST
To
1. The Chairman
http://www.judis.nic.in
W.P.No.16724 of 2021
TANGEDCO
144, Anna Salai,
Chennai-600002.
2. Chief Financial Controller (General)
TANGEDCO
7th Floor, 144, Anna Salai,
Chennai-600002.
3. The Chief Engineer, NCES,
TANGEDCO
2nd Floor, 144, Anna Salai,
Chennai -600002
3. The Superintending Engineer,
TANGEDCO,
Tirunelveli EDC,
Tirunelveli.
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W.P.No.16724 of 2021
N.ANAND VENKATESH, J.
kst
W.P.No.16724 of 2021
11.08.2021
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