Madras High Court
M/S. Vaayu India Power ... vs The Chairman on 7 July, 2021
W.P.No.13791 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2021
CORAM
THE HON'BLE MR.JUSTICE D. KRISHNAKUMAR
W.P.No. 13791 of 2021
and WMP.No. 14639 of 2021
M/s. Vaayu India Power Corporation Pvt Ltd.,
Represented by its Authorised Signatory,
V.Chandrasekar,
2nd Floor, Fagun Chambers,
4/26, Ethiraj Salai, Egmore,
Chennai-600105. ..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
1/6
https://www.mhc.tn.gov.in/judis/
W.P.No.13791 of 2021
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying
to issue a Writ of Mandamus, directing the respondents for the execution of energy
wheeling Agreement for captive consumption under the preferential tariff scheme
on the application dated 21/04/2021 submitted by the petitioner.
For Petitioner : Mr.T.Chezhiyan
For Respondents : Mr.D.Krishna Pradeep
for TNEB
ORDER
Heard Mr. T.Chezhiyan, learned Counsel appearing for the petitioner and
Mr.D.Krishna Pradeep, 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
21/04/2021 submitted by the petitioner.
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
https://www.mhc.tn.gov.in/judis/
W.P.No.13791 of 2021
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 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;
i. 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
https://www.mhc.tn.gov.in/judis/
W.P.No.13791 of 2021
exercise shall be completed within a period of six weeks from the date of
receipt of a copy of this Order.
ii. the respondents/TANGEDCO are directed to settle the respective dues to
the petitioner as per their respective invoices raised by them, along with
interest as per Clause 6(b), within a period of two months from the date of
receipt of a copy of this order.
6. In fine, with the above directions, the writ petition stands allowed. No
costs. Consequently, connected miscellaneous petitions is closed.
07.07.2021
Index : Yes/No
Internet : yes
ak
To
1. The Chairman
TANGEDCO
144, Anna Salai,
Chennai-600002.
2. Chief Financial Controller (General)
TANGEDCO
7th Floor, 144, Anna Salai,
Chennai-600002.
https://www.mhc.tn.gov.in/judis/
W.P.No.13791 of 2021
3. The Chief Engineer, NCES,
TANGEDCO
2nd Floor, 144, Anna Salai,
Chennai -600002
4. The Superintending Engineer,
TANGEDCO,
Tirunelveli EDC,
Tiruneleveli.
https://www.mhc.tn.gov.in/judis/
W.P.No.13791 of 2021
D. KRISHNAKUMAR, J
ak
W.P.No. 13791 of 2021
and
WMP.No. 14639 of 2021
07.07.2021
https://www.mhc.tn.gov.in/judis/
