Court closed a contempt petition after respondents submitted a compliance report regarding wind energy generator migration orders and payment of dues. No further directions were issued as the subject matter was covered by the report.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.04.2023
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Contempt Petition No.744 of 2023
JVS Export Rep.by its Partner Britto WF HTSC No.39224320291 32, Sarojini Street Chinnachokkikulam Madurai-625 002.
..Petitioner/Petitioner
.Vs
...Respondents/Respondents
Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents for their act of committing Contempt of Court by disobeying the order of this Hon'ble Court dated 01.10.2021 made in https://www.mhc.tn.gov.in/judis W.P.No.21091 of 2021.
| 2 | |
|---|---|
| For Petitioner | : Mr. S.P.Pandiyaraj |
| For Respondents |
: Mr.P.S.Raman Senior Counsel for Mr.D.R.Arun Kumar Standing Counsel |
ORDER
Pursuant to the earlier order passed by this Court on 13.4.2023, the
contempt petition was taken up for hearing today. The Chairman and the Managing Director of TANGEDCO was also present at the time of hearing in person.
2.While passing the earlier order, this Court had sought for certain particulars and also the plan of action for compliance of the directions issued by this Court in various writ petitions.
3.When the matter was taken up for hearing today, Mr.P.S.Raman, learned Senior Counsel appearing on behalf of TANGEDCO submitted the report of the Chairman-cum-Managing Director. For proper appreciation, the relevant portions in the report are extracted hereunder:
5.I humbly submit that some of the Wind Energy Generators had obtained orders Writ Petitions allowing migration from Sate to Board & Captive use/Third-party without submitting the relevant documents to TANGEDCO. I submit that due to some communication gap, while deposing of the Writ Petitions at the Admission stage itself as a covered mater, TANGEDCO did not brought it to the knowledge of this Honble
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Court that the process of migration can be inflated only after submission of all the required documents. I reliably understand that only because of the afore stated facts, many contempt petitions were filed against the TANGEDCO and many Generators submitted the remaining/relevant documents that are mandatory for issuing migration orders only when this Honble Court post the respective contempt petitions for reporting compliance. On the other hand, we have issued migration orders to the WEGs, who tied all the mandatory documents that are required for the issuance of migration orders. Hence, I respectfully submit that there is no selective/differential treatments in issuing migration orders for wind energy generators
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Without prejudice to the move to seek a review TANGEDCO is independently making payment of dues to the 856 generators as per the aforesaid rules, irrespective of whether they have filed WPS/Contempt petitions or not.
8.I submit it is pertinent to mention that in case of any default committed by the TANGEDCO, the Ministry of Power, has the power to suspend the Grid operation of TANGEDCO and hence there cannot be any default. As stated in my affidavit filed in support of dispense with a petition in Sub Appl No. 301 of 2023, I have instructed concerned officials of TANGEDCO to issue a communication to the WEGs to submit the required documents for issuing migration orders in all the pending matters and migration orders to be issued at the earliest as and when all such documents are submitted by the respective WEGs.
9.I submit that we are also taking steps to file review petitions seeking relief to permit the TANGEDCO to make payments as per the LPS rules hereafter, instead of paying in lump sum so as to avoid the financial burden of the TANGEDCO. I also assure this Honble Court that TANGEDCO will comply with the orders passed by this Honble Court in a
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time-bound manner without any selective treatments where all the necessary documents are submitted in cases where no a the said order. appeal/review is filed against
4.The report was also annexed with the particulars that were sought for by this Court at paragraph 3 of the earlier order passed on 13.4.2023.
5.The learned Senior Counsel submitted that out of 535 applications, orders have been issued for migration in 520 applications. Insofar as the balance 15 applications are concerned, those applications are at various stages and as and when the relevant documents are furnished, the migration orders will be issued in those cases also.
6.Insofar as the payment of the outstanding dues is concerned, the learned Senior Counsel submitted that for those orders which were passed prior to 3.6.2022, the TANGEDCO is bound to make the entire payment and TANGEDCO is in the process of arranging for the funds and comply with the orders passed by this Court prior to 3.6.2022. Insofar as the orders that were passed from 3.6.2022 onwards, steps will be taken by TANGEDCO, to file review applications in all those writ petitions and seek for the payment by pointing out to the Electricity (late payment) Surcharge Rule, 2022, which came into effect from 03.06.2022. Depending upon the orders passed in the review applications, the TANGEDCO will make the payments to the generators to whom the amount is due and payable. The learned Senior Counsel further
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submitted that after the coming into the force of 2022 Rules, the TANGEDCO is making payment of the outstanding dues to the wind energy generators, who are selling power to TANGEDCO in 48 equal monthly installments and so far, 9 installments have been paid to the wind energy generators irrespective of whether they have filed writ petition/contempt petition or not.
7.The learned counsel for the petitioner made certain submissions on the stand that was taken by TANGEDCO in the report that was submitted today. Considering the scope of the contempt petition, this Court cannot travel too far and issue directions. The stand taken by the TANGEDCO cannot be put to test in this contempt petition. Hence, those submissions that were made on the side of the petitioner should only be reserved for a proper occasion as and when the issue arises for consideration.
8.It is brought to the notice of this Court that insofar as the petitioner in this contempt petition is concerned, migration order has been passed on 03.4.2023 and the payment has also been made (principal with interest) on 20.4.2023. In view of the same, no further orders can be passed in this contempt petition except recording the report that was submitted by the 1st respondent and the submissions made by the learned Senior Counsel appearing on behalf of TANGEDCO.
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7.Accordingly, this contempt petition is closed.
27.04.2023
KP Internet : Yes/No Index : Yes/No Speaking Order:Yes/No Neutral Citation :Yes/No
To
N. ANAND VENKATESH, J.
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KP
Contempt Petition No.744 of 2023
27.04.2023
JVS Export Rep.
Thiru.Rajesh Lakhoni IAS
Thiru.S.Surendiran
Theanmozhi
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
