Madras High Court
Tamil Nadu Generation And Distribution vs The Ministry Of Power on 2 August, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.Nos.22391 and 22395 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.08.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.Nos.22391 and 22395 of 2024
and W.M.P.Nos.24388, 24389, 24390, 24394, 24396 and 24397 of 2024
W.P.No.22391 of 2024:-
Tamil Nadu Generation and Distribution
Corporation Limited,
represented by the Superintending Engineer (Solar),
Non-Conventional Energy Source,
2nd Floor, Eastern Wing, NPKRR Maaligai,
No.144, Anna Salai, Chennai – 600 002. ...Petitioner
-Vs-
1. The Ministry of Power,
represented by its Secretary,
Union of India, Shram Shakti Bhawan,
Rafi Marg, New Delhi – 110 001.
2. The Chief General Manager,
P.F.C Consulting Limited,
9th Floor, A Wing Statesman House,
Barakhamba Lane, Connaught Place,
New Delhi – 110 001, India.
3. The Southern Regional Load Dispatch Centre,
represented by its Executive Director,
No.29, Race Course Cross Road,
Bangalore – 560 009.
4. Unisun Power,
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Page 1 of 10
W.P.Nos.22391 and 22395 of 2024
represented by its Managing Director,
Prananna Gas Building,
124, Mysore Trunk Road,
Sathyamangalam – 638 402. ...Respondents
Prayer : Writ Petition filed under Article 226 of Constitution of India praying
for the issuance of a Writ of Certiorarified Mandamus,calling for the records
pertaining to the Impugned order of the second respondent dated 'Nil' vide
proceedings no. 'Nil' uploaded in the PRAAPTI Portal, Quash the same and
consequently direct the respondents 1 and 2 not to regulate the power supply to
the TANGEDCO on the strength of the invoice dated 07.05.2024 vide
DP/1.1/2024-25 to the tune of Rs.2,63,04, 975/- and DP/INT/1.2/2024-25 to the
tune of Rs. 61,25,427/- of the 4th respondent uploaded in the PRAAPTI
PORTAL till 31.08.2024 in the light of the order dated 09.07.2024 passed by
the Hon'ble Supreme Court in SLP (Civil) Diary No.15069 of 2024.
For Petitioner : Mr.P.Wilson, Senior Counsel
for Mr.Arun Kumar D.R
For R1 : Mr.Prasad Vijayakumar, CGSC
For R4 : Mr.Rahul Balaji
W.P.No.22395 of 2024:-
Tamil Nadu Generation and Distribution
Corporation Limited,
represented by the Superintending Engineer (Solar),
Non-Conventional Energy Source,
2nd Floor, Eastern Wing, NPKRR Maaligai,
No.144, Anna Salai, Chennai – 600 002. ...Petitioner
-Vs-
1. The Ministry of Power,
represented by its Secretary,
Union of India, Shram Shakti Bhawan,
Rafi Marg, New Delhi – 110 001.
2. The Chief General Manager,
P.F.C Consulting Limited,
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Page 2 of 10
W.P.Nos.22391 and 22395 of 2024
9th Floor, A Wing Statesman House,
Barakhamba Lane, Connaught Place,
New Delhi – 110 001, India.
3. The Southern Regional Load Dispatch Centre,
represented by its Executive Director,
No.29, Race Course Cross Road,
Bangalore – 560 009.
4. V.N.V.Builders (P) Ltd.,
represented by its Managing Director,
149, Kalaramani, Modachur,
Gobichettypalayam – 638 476. ...Respondents
Prayer : Writ Petition filed under Article 226 of Constitution of India praying
for the issuance of a Writ of Certiorarified Mandamus, calling for the records
pertaining to the Impugned order of the second respondent dated 'Nil' vide
proceedings no.'Nil' uploaded in the PRAAPTI Portal, Quash the same and
consequently direct the respondents 1 and 2 not to regulate the power supply to
the TANGEDCO on the strength of the Invoice dated 07.05.2024 vide DP01/24-
25/07-05-2024 to the tune of Rs.2,27,60,083/- and DP02/24-25/07-05-2024 to
the tune of Rs.52,78,129/- of the 4th Respondent uploaded in the PRAAPTI
PORTAL till 31.08.2024 in the light of the order dated 09.07.2024 passed by
the Hon'ble Supreme Court in SLP (Civil) Diary No. 15069 of 2024.
For Petitioner : Mr.P.Wilson, Senior Counsel
for Mr.Arun Kumar D.R
For R1 : Mr.Prasad Vijayakumar, CGSC
COMMON ORDER
W.P.No.22391 of 2024 has been filed for the issuance of Writ of
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W.P.Nos.22391 and 22395 of 2024
Certiorarified Mandamus, calling for the records pertaining to the Impugned
order of the second respondent dated 'Nil' vide proceedings no. 'Nil' uploaded in
the PRAAPTI Portal, Quash the same and consequently direct the respondents
1 and 2 not to regulate the power supply to the TANGEDCO on the strength of
the invoice dated 07.05.2024 vide DP/1.1/2024-25 to the tune of Rs.2,63,04,
975/- and DP/INT/1.2/2024-25 to the tune of Rs. 61,25,427/- of the 4th
respondent uploaded in the PRAAPTI PORTAL till 31.08.2024 in the light of
the order dated 09.07.2024 passed by the Hon'ble Supreme Court in SLP (Civil)
Diary No.15069 of 2024.
2. W.P.No.22395 of 2024 has been filed for the issuance of Writ of
Certiorarified Mandamus, calling for the records pertaining to the Impugned
order of the second respondent dated 'Nil' vide proceedings no.'Nil' uploaded in
the PRAAPTI Portal, Quash the same and consequently direct the respondents 1
and 2 not to regulate the power supply to the TANGEDCO on the strength of
the Invoice dated 07.05.2024 vide DP01/24-25/07-05-2024 to the tune of
Rs.2,27,60,083/- and DP02/24-25/07-05-2024 to the tune of Rs.52,78,129/- of
the 4th Respondent uploaded in the PRAAPTI PORTAL till 31.08.2024 in the
light of the order dated 09.07.2024 passed by the Hon'ble Supreme Court in
SLP (Civil) Diary No. 15069 of 2024.
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W.P.Nos.22391 and 22395 of 2024
3. Heard and perused the materials available on record.
4. The petitioner in both the writ petitions are one and the same. The
petitioner is purchasing solar power from the fourth respondent in both the writ
petitions under long term Energy Purchase Agreement (EPA) dated 08.01.2016
based on tariff order issued vide Order No.7 of 2014 dated 12.09.2014.
Accordingly, the purchase of power is at the rate of Rs.7.01/6.28 per unit
without/with Accelerated Depreciation benefit from the Solar PV Power Plant
of the fourth respondent. The fourth respondent in both the writ petitions had
started its commercial operation on 01.04.2016 and the petitioner had taken
specific stand that the fourth respondent in both the writ petitions are entitled to
the rate of 5.10 per unit as per the Tariff order and not at the rate of Rs.7.01 per
unit. However, the fourth respondent in both the writ petitions had taken a
specific stand that they are entitled to receive the rate as per the Tariff Order
No.07/2014. Aggrieved by the stand taken by the petitioner, the fourth
respondent in both the writ petitions filed writ petitions in W.P.Nos.19704 and
19705 of 2017 and this Court, by an order dated 20.10.2021 held that the fourth
respondent in both the writ petitions are entitled to receive the rate of Rs.7.01
as per the Tariff Order No.07/2014. Aggrieved by the same, the petitioner
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W.P.Nos.22391 and 22395 of 2024
preferred writ appeals in W.A.No.213 of 2022 and batch and the Hon'ble
Division Bench of this Court, by an order dated 22.12.2023, upheld the order
passed by the learned Single Judge.
5. Aggrieved by the same, the petitioner preferred an appeal before the
Hon'ble Supreme Court of India in Special Leave Petition (Civil) Diary
No.15069 of 2024. By an order dated 09.07.2024, the Hon'ble Supreme Court of
India disposed of the Special Leave Petition and extended the time for making
payment to the fourth respondent till 31.08.2024.
6. Accordingly, the fourth respondent in W.P.No.22391 of 2024 had
raised invoice dated 07.05.2024 vide DP/1.1/2024-25 to the tune of Rs.2,63,04,
975/- and DP/INT/1.2/2024-25 to the tune of Rs. 61,25,427/- and the fourth
respondent in W.P.No.22395 of 2024 had raised invoice dated 07.05.2024 vide
DP01/24-25/07-05-2024 to the tune of Rs.2,27,60,083/- and DP02/24-25/07-05-
2024 to the tune of Rs.52,78,129/- and uploaded the same in the PRAAPTI
portal.
7. The learned Senior Counsel appearing for the petitioner in both the
writ petitions submitted that the first respondent had created portal in order to
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W.P.Nos.22391 and 22395 of 2024
execute the Power Regulation in case of any default of the outstanding dues in
accordance with LPS Rules 2022. Further issued Standard Operating Procedure
dated 26.08.2022. Accordingly, the suppliers must update the details of invoices
presented to DISCOMs on the PRAPPTI portal within five days of date of
invoice. The date of presentation of bill shall also be entered by the Generator
on the portal, which shall form the anchor date in respect of determination of
due date and default trigger date on the portal in line with provisions of the ibid
Rules. The portal will auto check this period of five days and suppliers shall not
be allowed to update details of invoices beyond this period in any case. The
default trigger date be generated by the portal as per the Rules.
8. Though the Hon'ble Supreme Court of India extended only the time
for making payment till 31.08.2024, the second respondent directed the
petitioner to upload the copy of stay order for the purpose of extending the time.
9. A perusal of the order passed by the Hon'ble Supreme Court of India,
dated 09.07.2024 in Special Leave Petition (Civil) Diary No.15069 of 2024,
revealed that the Special Leave Petition is disposed of by extending the time
until 31.08.2024. It was further observed that the Hon'ble Supreme Court of
India does not find any reason to interfere with the Judgment passed by the
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W.P.Nos.22391 and 22395 of 2024
Hon'ble Division Bench of this Court in a batch of writ appeals in W.A.No.213
of 2022 and etc., dated 22.12.2023.
10. Therefore, this Court is inclined to clarify that though the fourth
respondent in both the writ petitions raised invoices on 07.05.2024 with default
trigger date as on 06.08.2024, as per the Judgment passed by the Hon'ble
Supreme Court of India, the time for payment has been extended till
31.08.2024.
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W.P.Nos.22391 and 22395 of 2024
11. Accordingly, it is clarified and these writ petitions are disposed of.
Consequently, connected Miscellaneous petitions are closed. No costs.
02.08.2024
Internet: Yes
Index : Yes/No
Neutral Citation: Yes/No
Speaking/Non Speaking order
mn
Note: Issue Order Copy on 02.08.2024
To
1. The Secretary,
The Ministry of Power,
Union of India, Shram Shakti Bhawan,
Rafi Marg, New Delhi – 110 001.
2. The Chief General Manager,
P.F.C Consulting Limited,
9th Floor, A Wing Statesman House,
Barakhamba Lane, Connaught Place,
New Delhi – 110 001, India.
3. The Executive Director,
The Southern Regional Load Dispatch Centre,
No.29, Race Course Cross Road,
Bangalore – 560 009.
https://www.mhc.tn.gov.in/judis
W.P.Nos.22391 and 22395 of 2024
G.K.ILANTHIRAIYAN. J,
mn
4. The Managing Director,
Unisun Power,
Prananna Gas Building,
124, Mysore Trunk Road,
Sathyamangalam – 638 402.
5. The Managing Director,
V.N.V.Builders (P) Ltd.,
149, Kalaramani, Modachur,
Gobichettypalayam – 638 476.
W.P.Nos.22391 and 22395 of 2024
02.08.2024
https://www.mhc.tn.gov.in/judis
