Madras High Court
M/S.A.R.S.Energy Pvt. Ltd vs The Government Of Tamil Nadu on 16 August, 2022
W.P.No.11518 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
W.P.No.11518 of 2017
and
W.M.P.Nos.12507 & 12508 of 2017
M/s.A.R.S.Energy Pvt. Ltd.,
D.No.109, 2nd Floor,
LBR Complex, Anna Nagar East,
Chennai – 600 102.
Rep. By its Managing Director,
Mr.Ashwani Kumar .. Petitioner
Vs.
1.The Government of Tamil Nadu,
Rep. By Secretary to Government,
Energy Department,
Fort St.George, Chennai – 600 009.
2.The Chairman and Managing Director,
Tamil Nadu Generation and Distribution
Corporation Ltd.,
No.144, Anna Salai, Chennai – 600 002.
3.The Director, Finance,
Tamil Nadu Generation and Distribution
Corporation Ltd.,
No.144, Anna Salai, Chennai – 600 002.
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.11518 of 2017
4.The Chief Financial Controller / Revenue,
Tamil Nadu Generation and Distribution
Corporation Ltd.,
No.144, Anna Salai, Chennai – 600 002. ..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of Writ of Certiorarified Mandamus, calling for the records
relating to the memo No.CFC/FC/Rev./AS.3/D.325/17 dated 15.03.2017 of
the 4th respondent, Memo No.CFC/Rev./FC/Rev./AS.3/F.CGP/D.203/17
dated 18.03.2017 of the 3rd respondent and Memo
No.CFC/Rev./FC/Rev./AS.3/F.CGP/D.329/17 dated 30/31.3.2017 of the 2nd
respondent, and quash the same and forbear the respondents from in any
manner cancelling the Captive Generating Plant status of the petitioner herein
and the captive user status of the Share holders/ Consumers under the
petitioner herein and from imposing the demand for cross subsidy surcharge
against the captive consumers of the petitioner.
For Petitioner : Mr.K.Seshadri
For Respondents : Mr.V.Revathy for
Mr.L.Jaivenkatesh, Standing Counsel
ORDER
The prayer in the writ petition reads as follows:-
“calling for the records relating to the memo
No.CFC/FC/Rev./AS.3/D.325/17 dated 15.03.2017 of the 4th
https://www.mhc.tn.gov.in/judis
W.P.No.11518 of 2017
respondent, Memo
No.CFC/Rev./FC/Rev./AS.3/F.CGP/D.203/17 dated
18.03.2017 of the 3rd respondent and Memo
No.CFC/Rev./FC/Rev./AS.3/F.CGP/D.329/17 dated
30/31.3.2017 of the 2nd respondent, and quash the same and
forbear the respondents from in any manner cancelling the
Captive Generating Plant status of the petitioner herein and
the captive user status of the Share holders/ Consumers
under the petitioner herein and from imposing the demand
for cross subsidy surcharge against the captive consumers of
the petitioner.
2. While Mr.K.Seshadri, 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 though
TANGEDCO has withdrawn its appeal against the judgment of the APTEL,
the Maharastra State Electricity Generation Corporation and TATA Power
Company have filed appeals, which are pending before the Hon'ble Supreme
Court.
https://www.mhc.tn.gov.in/judis
W.P.No.11518 of 2017
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.
16.08.2022
kkn
Index : No
Internet :Yes
Speaking order
https://www.mhc.tn.gov.in/judis
W.P.No.11518 of 2017
To:-
1.The Secretary to Government,
Government of Tamil Nadu,
Energy Department,
Fort St.George, Chennai – 600 009.
2.The Chairman and Managing Director,
Tamil Nadu Generation and Distribution
Corporation Ltd.,
No.144, Anna Salai, Chennai – 600 002.
3.The Director, Finance,
Tamil Nadu Generation and Distribution
Corporation Ltd.,
No.144, Anna Salai, Chennai – 600 002.
4.The Chief Financial Controller / Revenue,
Tamil Nadu Generation and Distribution
Corporation Ltd.,
No.144, Anna Salai, Chennai – 600 002.
https://www.mhc.tn.gov.in/judis
W.P.No.11518 of 2017
R.SUBRAMANIAN, J.
KKN
W.P.No.11518 of 2017
and
W.M.P.Nos.12507 & 12508 of 2017
16.08.2022
https://www.mhc.tn.gov.in/judis
