Madras High Court
M/S.Jkm Ferrotech Limited vs Tamil Nadu Generatioin And ... on 5 August, 2022
W.P.No.13230 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
W.P.No.13230 of 2017
and
W.M.P.Nos.14219 & 14221 of 2017
M/s.JKM Ferrotech Limited.,
HTSC.1865
No.K4, SIPCOT Industrial Complex,
Gummidipoondi – 601 201.
rep. by its Authorised Signatory P.Sankaranarayanan
.. Petitioner
Vs.
1.Tamil Nadu Generatioin and Distribution
Corporation Limited (TANGEDCO)
10th Floor, 144, Anna Salai, Chennai – 600 002.
Rep. by its Chairman and Managing Director.
2.The Director – Distribution
TANGEDCO, 10th Floor, 144, Anna Salai,
Chennai – 600 002.
3.The Chief Financial Controller – Revenue
TANGEDCO, 7th Floor, 144, Anna Salai,
Chennai – 600 002.
4.Tamil Nadu Electricity Regulatory Commission,
19-A, Rukumini Lakshmipathy Salai,
Egmore, Chennai – 600 008.
1/8
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W.P.No.13230 of 2017
5.The Superintending Engineer,
Chennai Electricity Distribution Cirlce/ North,
144, Anna Salai, Chennai – 01. ..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of Writ of Certiorarified Mandamus calling for the records
of the 3rd respondents relating to the bearing Circular Memo
No.CFC/FC/REV/AS.3/D.325/17, dated 15.03.2017 and the consequential
and further proceedings in
(i) Memo No.CFC/REV/FC/REV/AS.3/F.CGP/D.203/17, dated 18.03.2017,
(ii) Circular Memo No.CFC/REV/FC/REV/AS.3/F.CGP/D.329/17 dated
30/31.03.2017;
(iii) Lr.No.CFC/REV/FC/REV/DFC/AO.4/F.CGP Status/D.259/2017 dated
31.03.2017
(iv) Memo No.CFC/REV/FC/FC/REV/F.CGPStatus/D.334/17 dated
07.04.2017 issued by the 2nd respondent
(v) Memo No.CFC/REV/FC/REV/AS.3/F.CGP/D.338/17, dated 15.04.2017;
(vi) Memo No.CFC/REV/FC/REV/AS.3/F.CGP/D.340/17, dated 15.04.2017
issued by the 3rd respondent and
L.R.No.SE/-CEDC/N/DFC/AO/AAO/HT/F.CGP Status/D.2759 dated
19.04.2017 issued by the 5th respondent and quash the same as being
contrary to law and direct the respondents to strictly comply with the
statutory provisions of Electricity Act 2003, Electricity Rules, 2005 and the
binding judgments of the APTEL, in the matter of determination and
verification of status of the Captive Generating Plants by approaching the
2/8
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W.P.No.13230 of 2017
Tamil Nadu Electricity Regulatory Commission for directions and
determination of the status of the Captive Generating Plants as stipulated
under the provisions of Electricity Rules, 2005 and confirmed by the binding
judgments of the APTEL.
For Petitioner : Mr.S.P.Parthasarathy
For Respondents : Mr.M.Abul Kalam, Standing Counsel
ORDER
The prayer in the writ petition reads as follows:-
To call for the records of the 3rd respondents
relating to the bearing Circular Memo
No.CFC/FC/REV/AS.3/D.325/17, dated 15.03.2017 and the
consequential and further proceedings in
(i) Memo No.CFC/REV/FC/REV/AS.3/F.CGP/D.203/17, dated
18.03.2017,
(ii)Circular Memo No.CFC/REV/FC/REV/AS.3/F.CGP/D.329/17
dated 30/31.03.2017;
(iii)Lr.No.CFC/REV/FC/REV/DFC/AO.4/ F.CGPStatus/D.259/
2017 dated 31.03.2017
(iv) Memo No.CFC/REV/FC/FC/REV/F.CGPStatus/D.334/17
dated 07.04.2017 issued by the 2nd respondent
(v) Memo No.CFC/REV/FC/REV/AS.3/F.CGP/D.338/17, dated
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W.P.No.13230 of 2017
15.04.2017;
(vi) Memo No.CFC/REV/FC/REV/AS.3/F.CGP/D.340/17, dated
15.04.2017 issued by the 3rd respondent and
L.R.No.SE/-CEDC/N/DFC/AO/AAO/HT/F.CGP Status/D.2759
dated 19.04.2017 issued by the 5th respondent
and quash the same as being contrary to law and direct the
respondents to strictly comply with the statutory provisions
of Electricity Act 2003, Electricity Rules, 2005 and the
binding judgments of the APTEL, in the matter of
determination and verification of status of the Captive
Generating Plants by approaching the Tamil Nadu
Electricity Regulatory Commission for directions and
determination of the status of the Captive Generating
Plants as stipulated under the provisions of Electricity
Rules, 2005 and confirmed by the binding judgments of the
APTEL.
2. While Mr.S.P.Parthasarathy, learned counsel appearing for the
petitioner would contend that the issue is covered by the decision of the
APTEL in Appeal No.133 of 2020 dated 07.06.2021, Ms.V.Revathy, learned
counsel appearing for the respondents would submit that the TANGEDCO
has filed an appeal against the judgment of the APTEL and the same is
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W.P.No.13230 of 2017
pending before the Hon'ble Supreme Court.
3. Dealing with a similar situation in W.P.No.16941 of 2017, this
Court had disposed of a similar writ petition directing the parties to abide by
the result of the judgment of the Hon'ble Supreme Court which would be
passed in the pending proceedings before it. It is not in dispute that the said
judgment of the Hon'ble Supreme Court as and when rendered will cover the
issue raised in this writ petition also.
4. Hence, this writ petition is disposed of with a direction that the
parties will abide by the result of the orders of the Hon'ble Supreme Court in
the pending appeals against the orders of the APTEL. No costs.
Consequently, the connected writ miscellaneous petitions are closed.
05.08.2022
dsa
Index :Yes / No
Internet :Yes / No
Speaking order/Non-Speaking order
https://www.mhc.tn.gov.in/judis
W.P.No.13230 of 2017
https://www.mhc.tn.gov.in/judis
W.P.No.13230 of 2017
To:-
1.The Chairman and Managing Director,
Tamil Nadu Generatioin and Distribution
Corporation Limited (TANGEDCO)
10th Floor, 144, Anna Salai, Chennai – 600 002.
2.The Director – Distribution
TANGEDCO, 10th Floor, 144, Anna Salai,
Chennai – 600 002.
3.The Chief Financial Controller – Revenue
TANGEDCO, 7th Floor, 144, Anna Salai,
Chennai – 600 002.
4.Tamil Nadu Electricity Regulatory Commission,
19-A, Rukumini Lakshmipathy Salai,
Egmore, Chennai – 600 008.
5.The Superintending Engineer,
Chennai Electricity Distribution Cirlce/ North,
144, Anna Salai, Chennai – 01.
https://www.mhc.tn.gov.in/judis
W.P.No.13230 of 2017
R.SUBRAMANIAN, J.
dsa
W.P.No.13230 of 2017
05.08.2022
https://www.mhc.tn.gov.in/judis
