Madras High Court
M/S.Vvd And Sons Private Limited vs Tamil Nadu Generation And on 7 December, 2021
W.P.No.22100 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.12.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.22100 of 2019
And
W.M.P.No.21359 of 2019
M/s.VVD and Sons Private Limited
Represented by its Executive Director
Mr.D.Kabilan ... Petitioner
Vs.
1.Tamil Nadu Generation and
Distribution Corporation Limited (TANGEDCO)
Represented by its Chairman and Managing Director,
144, Anna Salai, Chennai – 600 002.
2.The Chief Financial Controller,
Tamil Nadu Generation and Distribution
Corporation Limited (TANGEDCO),
144, Anna Salai,
Chennai – 600 002.
3.The Superintending Engineer
Tamil Nadu Generation and Distribution
Corporation Limited (TANGEDCO),
Tirunelveli EDC,
Tirunelveli – 627 011.
4.The Superintending Engineer,
AO (Revenue Department),
Tamil Nadu Generation and Distribution
Corporation Limited (TANGEDCO),
Tirunelveli – 627 011. ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.22100 of 2019
Prayer:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus directing the Respondents to forthwith
make the payment of a sum of Rs.3,27,00,202/- (Rupees Three
Crores Twenty Seven Lakhs Two Hundred and Two Only) to the
petitioner towards interest for delayed payment for the period 2009-
10 till 2016-17, in compliance with the order dated 08.07.2016
passed in Civil Appeal No.2937 of 2014 by the Hon'ble Supreme Court
of India.
For Petitioner : Mr.N.L.Rajah
Senior Advocate
for M/s.Arun Anbumani
For Respondents : Mr.Abud Khalam for R1 to R4
Standing Counsel (EB)
ORDER
The petitioner has filed this writ petition seeking issuance of
Writ of Mandamus directing the Respondents to forthwith make the
payment of a sum of Rs.3,27,00,202/- (Rupees Three Crores Twenty
Seven Lakhs Two Hundred and Two Only) to the petitioner towards
interest for delayed payment for the period 2009-10 till 2016-17, in
compliance with the order dated 08.07.2016 passed in Civil Appeal
No.2937 of 2014 by the Hon'ble Supreme Court of India.
2.The petitioner is a Company registered under the Companies
https://www.mhc.tn.gov.in/judis
W.P.No.22100 of 2019
Act and is one of the pioneers of green energy in Tamil Nadu. The
petitioner has installed eleven Wind Energy Generators (WEG's) at
Parameshwarapuram, Sambavar Vadakarai, Kulayaneri, Ayansurandai,
Achankuttam, Veppilankulam, Udayathoor and Kurukkalpatti Villages
in Tirunelveli District and the WEG's have been assigned HT SC
Nos.2512, 2212, 2227, 2123, 2245, 1608, 1690, 2529, 2681, 3059
and 3094 by the respondents.
3.As the payments made/ to be made to the WEG's like the
petitioner were all delayed by TNEB (now TANGEDCO) by over several
months, TNERC vide its order dated 20.04.2011 passed in M.P.No.36
of 2010 held that TNEB is liable to pay interest @ 1% per month to
the WEG's on the delayed payments. The petitioner is a member of
M/s.Indian Wind Power Association, an Association that espouses the
cause of WEG's and one of the petitioners in the said M.P.No.36 of
2010.
4.The order passed by the TNERC was challenged by TNEB (now
TANGEDCO) before the Appellate Tribunal for Electricity and the
Tribunal vide its judgment dated 17.04.2012 passed in Appeal No.11
https://www.mhc.tn.gov.in/judis
W.P.No.22100 of 2019
of 2012 dismissed the said Appeal as devoid of merits. Aggrieved
over the said judgment passed by the Tribunal, TNEB (now
TANGEDCO) filed Civil Appeal No.2937 of 2014 before the Hon'ble
Supreme Court of India. The said Civil Appeal was also dismissed on
08.07.2016 by the Hon'ble Supreme Court of India holding “we see no
reason to interfere with the award of simple interest at the rate of
10% per annum on the amount outstanding against the appellant –
Electricity Board. The appeal is accordingly dismissed.”
5.According to the petitioner, TNEB (now TANGEDCO) has to
pay a sum of Rs.3,27,00,202/- (Rupees Three Crores Twenty Seven
Lakhs Two Hundred and Two Only) to the petitioner towards interest
for delayed payment for the period 2009-10 till 2016-17, in
compliance with the order dated 08.07.2016 passed in Civil Appeal
No.2937 of 2014 by the Hon'ble Supreme Court of India and since the
same has not yet been paid, the petitioner has filed this writ petition.
6.The learned Senior Advocate appearing for the petitioner
submitted that during the pendancy of this writ petition, TNEB (now
TANGEDCO) paid a sum of Rs.1,10,20,493/- / portion of the interest
https://www.mhc.tn.gov.in/judis
W.P.No.22100 of 2019
amount to the petitioner and the balance amount of Rs.2,16,79,709/-
is yet to be paid. Hence, this Court may issue direction to TNEB (now
TANGEDCO) to pay the balance amount within a reasonable time
frame.
7.Mr.Mahendran, Chief Financial Controller, appeared before this
Court today (07.12.2021) and agree that the balance amount of
Rs.2,16,79,709/- will be paid to the petitioner within a reasonable
time frame, however, without interest for the same.
8.Recording the submission made by the Chief Financial
Comptroller, this writ petition is closed. The respondent/ TNEB (now
TANGEDCO) is directed to pay the balance amount of
Rs.2,16,79,709/- without interest, to the petitioner within a period of
eight weeks from the date of receipt of a copy of this order. No costs.
Consequently, the connected miscellaneous petition is closed.
07.12.2021
pri
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
https://www.mhc.tn.gov.in/judis
W.P.No.22100 of 2019
M.DHANDAPANI,J.
pri
To
1.Tamil Nadu Generation and
Distribution Corporation Limited (TANGEDCO)
Represented by its Chairman and Managing Director,
144, Anna Salai, Chennai – 600 002.
2.The Chief Financial Controller,
Tamil Nadu Generation and Distribution
Corporation Limited (TANGEDCO),
144, Anna Salai,
Chennai – 600 002.
3.The Superintending Engineer
Tamil Nadu Generation and Distribution
Corporation Limited (TANGEDCO),
Tirunelveli EDC,
Tirunelveli – 627 011.
4.The Superintending Engineer,
AO (Revenue Department),
Tamil Nadu Generation and Distribution
Corporation Limited (TANGEDCO),
Tirunelveli – 627 011.
W.P.No.22100 of 2019
And
W.M.P.No.21359 of 2019
07.12.2021
https://www.mhc.tn.gov.in/judis
