Madras High Court
Century Energy Trading Llp vs Tamil Nadu Generation And ... on 22 June, 2022
W.P.No.15422 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 22.06.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.15422 of 2022
and W.M.P.No.14665 of 2022
Century Energy Trading LLP
Indian Chamber Buildings
1st Floor, No.6, Esplanade,
Chennai – 600 108. .. Petitioner
Vs.
1.Tamil Nadu Generation and Distribution
Corporation Limited,
Rep. by its Chairman cum Managing Director,
144, Anna Salai,
Chennai – 600 002.
2.The Chief Financial Controller,
Tamil Nadu Generation and Distribution
Corporation Limited,
144, Anna Salai, Chennai – 600 002.
3.Director Finance,
Tamil Nadu Generation and Distribution
Corporation Limited,
144, Anna Salai, Chennai – 600 002.
4.The Superintending Engineer,
TANGEDCO,
Udumalpet Electricity Distribution Circle,
Udumalpet.
https://www.mhc.tn.gov.in/judis
1/6
W.P.No.15422 of 2022
5.ABI Showatech (I) Pvt. Ltd.,
67, Chamiers Road, R.A.Puram,
Chennai – 600 028.
6.The Superintending Engineer,
TANGEDCO,
Vellore Electricity Distribution Circle,
Vellore – 632 006. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of Writ of Mandamus, to direct the respondents and
their men, agents not to collect current consumption charges, demand charges
and any arrears from the petitioner until the respondent makes payment of
the outstanding dues of Rs.26,14,772/- (Rupees Twenty Six Lakhs Fourteen
Thousand Seven Hundred and Seventy Two only) payable to the petitioner
towards encashment of banked units generated by petitioner's WEGs bearing
HTSC No.1723 (New No.039224340896) in terms of the Tariff Orders,
Energy Wheeling Agreements dated 31.07.2015 & 12.04.2018 and the
judgment of this Court in WP.No.6776 of 2020 and batch dated 28.10.2021
and interest at 1% per month as on 11.05.2022, along with interest thereon at
1% per month or to give adjustment in the current consumption charges
payable by the petitioner at its HTSC 089094121159 (HTSC 1159) till the
entire amount is adjusted.
For Petitioner : Mr.R.Parthasarathy
For Respondents : Mr.L.Jaivenkatesh
TNEB [R1 to R4 & R6]
https://www.mhc.tn.gov.in/judis
2/6
W.P.No.15422 of 2022
ORDER
This Writ Petition has been filed for a Mandamus, seeking for
adjustment of the current consumption charges payable by the petitioner from
and out of the outstanding dues payable to the petitioner by the respondents
under the Energy Wheeling Agreement in respect of the petitioner's WEGs
bearing HTSC No.1723 (New No.039224340896), in terms of the Tariff
Orders.
2. In an identical matter, the following directions were issued by this
Court in W.P.No.7053 of 2022 dated 25.03.2022:-
“..... 3. I have had an occasion to consider the similar issue in
W.P.Nos.1578 of 2022 and batch and referring to earlier
orders passed by this Court in W.P.No.6776 of 2018 and 27559
& 27564 of 2021 dated 28.10.2021 and 22.12.2021
respectively, have passed the following order:
“Mr.Abul Kalam, learned Standing Counsel
accepts notice for the respondents. By consent of both
sides, these Writ Petitions are disposed finally even at
the stage of admission.
2. The petitioners seek a Writ of Mandamus
forbearing the respondents i.e., the Tamil Nadu
Electricity Regulatory Commission and various other
officials of the Tamil Nadu Generation and
Distribution Corporation Limited (TANGEDCO) from
collecting current consumption charges, demand
https://www.mhc.tn.gov.in/judis
W.P.No.15422 of 2022
charges and other arrears from the petitioners until
such time the respondents settle the outstanding dues
of Rs.3,60,657/- (W.P.No.1578 of 2022), Rs.8,78,252/-
(W.P.No.1598 of 2022) and Rs.1,42,077/-
(W.P.No.1608 of 2022), all for the period 2019-2020,
payable to the petitioners or adjust the same against
current consumption charges till the entirety of the
amounts stand adjusted.
3. Both learned counsel would concur on the
position that this issue stands decided by various
Benches of this Court. In W.P.Nos.27559 and 27564
of 2021 final orders were passed on 22.12.2021 to
the effect that, in those cases where TANGEDCO was
in the process of adjusting the outstanding amounts
due, such adjustment would continue till the entire
outstanding amounts stood adjusted towards current
consumption charges/open access charges payable by
the respective Petitioners.
4. TANGEDCO was directed not take coercive
steps to disconnect the electricity connection to the
Petitioners until the outstanding amounts due and
payable is completely adjusted towards the current
consumption charges/open access charges payable by
the Petitioners.
5. In W.P.No.6776 of 2018, TANGEDCO has
been directed vide order dated 28.10.2021 to
formulate a definite policy as to how they propose to
deal with their liabilities under the agreements, going
forward.
6. Mr.Kalam, who takes notice for the
respondents would submit that the policy which is
presently being finalized also includes the issue of
interest payable to consumers for delay in effecting
payments.
https://www.mhc.tn.gov.in/judis
W.P.No.15422 of 2022
7. In view of the identity of facts that arise in
the earlier matters as in the present matters, learned
counsel would request the Court to pass final orders
in the present writ petitions even at the stage of
admission following the ratio of orders dated
28.10.2021 and 22.12.2021 as aforesaid.
8. Thus, acceding to the request, W.P.Nos.1578,
1598 and 1608 of 2022 are disposed in terms of the
orders passed on 28.10.2021 and 22.12.2021
granting the mandamus as sought for. No costs.
Consequently, connected miscellaneous petitions are
closed.” ....”
3. In terms of the above mentioned order of this Court dated
25.03.2022, the mandamus sought for, is granted and this Writ Petition is
disposed of, in terms thereof. No costs. Connected miscellaneous petition is
closed.
22.06.2022
Speaking/Non-speaking
Index: Yes/No
Internet: Yes/No
Sni
https://www.mhc.tn.gov.in/judis
W.P.No.15422 of 2022
ABDUL QUDDHOSE,J.
Sni
To
1.Chairman cum Managing Director,
Tamil Nadu Generation and Distribution
Corporation Limited,
144, Anna Salai,
Chennai – 600 002.
2.The Chief Financial Controller,
Tamil Nadu Generation and Distribution
Corporation Limited,
144, Anna Salai, Chennai – 600 002.
3.Director Finance,
Tamil Nadu Generation and Distribution
Corporation Limited,
144, Anna Salai, Chennai – 600 002.
4.The Superintending Engineer,
TANGEDCO,
Udumalpet Electricity Distribution Circle,
Udumalpet.
5.ABI Showatech (I) Pvt. Ltd.,
67, Chamiers Road, R.A.Puram,
Chennai – 600 028.
6.The Superintending Engineer,
TANGEDCO,
Vellore Electricity Distribution Circle,
Vellore – 632 006.
W.P.No.15422 of 2022
https://www.mhc.tn.gov.in/judis
