Allowed

M/s.Nalco Metal Products Limited v. the Tamil Nadu Generation and Distribution

Madras HC15 Jul 2024WP/18810/2024

Case brief

AI extract

What is this about?

A wind energy generator sought a mandamus barring TANGEDCO from collecting current consumption charges until dues of Rs.2,00,852 for surplus wind units under an Energy Wheeling Agreement were adjusted. TANGEDCO admitted the arrears; the Court issued the mandamus and allowed the writ petition.

What did the court decide?

Mandamus forbearing respondents from collecting current consumption charges until Rs.2,00,852 dues are adjusted; no costs; connected MP closed.

M/s.Nalco Metal Products Limited Vs the Tamil Nadu… — Writ and Judicial Review | Madras HC (2024)

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2024:MHC:2680

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W.P.No.18810 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 15.07.2024

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CORAM

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THE HONOURABLE DR. JUSTICE ANITA SUMANTH

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W.P.No.18810 of 2024 & WMP.No.20640 of 2024

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Nalco Metal Products Limited represented by its Chief Executive Officer, Mr.Kasirajan.A No.89, Maravankulam, Thirumangalam 625 706 Madurai District, Tamil Nadu

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... Petitioner

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1 The Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO) represented by its Chairman & Managing Director, 144, Anna Salai, Chennai – 600 002.

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2 Director – Finance,

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The Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai,

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Chennai – 600 002.

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3 The Chief Financial Controller, (Revenue)

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The Tamil Nadu Generation and Distribution

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Corporation Limited, 144, Anna Salai, Chennai – 600 002.

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4 The Superintending Engineer, (TANGEDCO),

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Dindigul Electricity Distribution Circle,

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Dindigul, Tamil Nadu.

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5 The Superintending Engineer, (TANGEDCO),

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https://www.mhc.tn.gov.in/judis

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Pg.No.1/4

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W.P.No.18810 of 2024

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Kanyakumari Electricity Distribution Circle, Kanyakumari, Tamil Nadu.

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.... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents and their men, agents not to collect current consumption charges, demand charges and any arrears from the petitioner for the consumption in HTSC.No.059094500028 till the payment or adjustment of the entire outstanding dues of Rs.2,00,852/payable to the petitioner towards sale of surplus units of wind energy generated by the petitioner's WEG bearing HTSc.No.079204740105 is either paid or adjusted by the 4^th respondent herein, in terms of the Energy Wheeling Agreement dated 05.11.2009 entered into by the petitioner and also based on the judgment of this Hon'ble Court in W.P.No.6776 of 2020 batch and pay further interest at 12% on such dues till the full payment or adjustment.

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For Petitioner : Mr.Rahul Balaji For Respondents : Mr.Madhusudanan Standing Counsel

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O R D E R

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Mr.Madhusudanan, learned counsel accepts notice for the respondents

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and is armed with instructions to enable final disposal of this matter, even at the stage of admission.

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The prayer is for a mandamus forbearing the respondents, officials of

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the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) from collecting current consumption charges or any further

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https://www.mhc.tn.gov.in/judis

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Pg.No.2/4

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W.P.No.18810 of 2024

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charges till the entirety of the outstanding dues of Rs.2,00,852/- is adjusted in

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terms of the Energy Wheeling Agreement dated 05.11.2009.

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Mr.Madhusudanan would acquiesce to the position that the amount of

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Rs.2,00,852/- as quantified by the petitioner is, indeed, arrears due to the petitioner.

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Thus, and in light of the aforesaid admission, mandamus is issued forbearing the respondents from collecting the current consumption charges and directing the respondents to adjust the outstanding dues first as against the charges.

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It is seen that similar orders have been passed in identical circumstances in Writ Petitions in W.P.Nos.33072 of 2022 dated 07.12.2022 and W.P.No.1857 of 2023 dated 14.02.2023.

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In light of the above, this Writ Petition stands allowed. No costs. Connected Miscellaneous Petitions is closed.

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15.07.2024

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Index : Yes / No Speaking order (2/2) Neutral citations:Yes sl

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Dr.ANITA SUMANTH,J.

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https://www.mhc.tn.gov.in/judis

Pg.No.3/4

W.P.No.18810 of 2024

1 The Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO) represented by its Chairman & Managing Director, 144, Anna Salai, Chennai – 600 002.

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2 Director – Finance,

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The Tamil Nadu Generation and Distribution

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Corporation Limited, 144, Anna Salai, Chennai – 600 002.

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3 The Chief Financial Controller, (Revenue) The Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai – 600 002.

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4 The Superintending Engineer, (TANGEDCO), Dindigul Electricity Distribution Circle, Dindigul, Tamil Nadu.

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5 The Superintending Engineer, (TANGEDCO), Kanyakumari Electricity Distribution Circle, Kanyakumari, Tamil Nadu.

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W.P.No.18810 of 2024 & WMP.No.20640 of 2024

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15.07.2024

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https://www.mhc.tn.gov.in/judis

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Pg.No.4/4

M/s.Nalco Metal Products Limited v. the Tamil Nadu Generation and Distribution

Case brief

What is this about?

What did the court decide?

M/s.Nalco Metal Products Limited v. the Tamil Nadu Generation and Distribution

Case brief

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Nalco Metal Products Limited Vs the Tamil Nadu Generation and Distribution