SUGAPRIYA PAPER & BOARDS (P) LTD Vs. TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED (TANGEDCO)

JUDGEMENT

(1.) The petitioner seeks for a Writ of Certiorarified Mandamus, calling for the records of the 3rd Respondent relating to the (i) Circular. Memo.No.CFC/FC/REV/AS.3/D.325 / 17, dated 15.03.2017 (ii) Memo.No.CFC/REV/FC/REV/AS.3/F.CGP/ D.203/17, dated 18.03.2017; (iii) Circular Memo No.CFC/REV/FC/REV/AS.3/F.CGP/ D.329/17 dated 30/31.03.2017; (iv) Lr.No.CFC/REV/FC/REV/DFC/ AO.4/F.CGP Status /D.259 / 2017 Dated 31.03.2017; issued by the 3rd Respondent and (v) Memo No.CFC/REV/FC/FC/REV/F.CGP Status/D.334/17 dated 07.04.2017; issued by 2nd Respondent and (vi) Memo No.CFC/REV/FC/REV/AS.3/F.CGP/D. 338/17, dated 15.04.2017; and (vii) Memo No.CFC/REV/FC/REV/AS.3/F.CGP/ D.340/17, dated 15.04.2017 issued by the 3rd Respondent and quash all the same as not maintainable by law as well as on facts and direct the Respondents to strictly comply with the statutory provisions of Electricity Act 2003, Electricity Rules, 2005 and the binding judgments of the Hon'ble APTEL, in the matter of determination and verification of status of the Captive Generating Plants and consequently direct the Respondents to approach the Tamilnadu Electricity Regulatory Commission for determination of the status of the Captive Generating Plants by the State Commission as stipulated under the provisions of Electricity Rules, 2005 and confirmed by the binding judgments of the Hon'ble APTEL.

(2.) The learned counsel appearing for the petitioner has brought to the information of this Court, the relevant provisions of the Electricity Rules 2005 which regulate the captive arrangement and the captive ownership of captive generating plants and captive users involved in it. Prima facie, the Rules state that all the captive users of a captive generating plant must have collectively 26% ownership by way of equity shares with voting rights and all the captive users should collectively consume a minimum of 51% of the aggregate electricity so generated from the captive generating plant on an annual basis.

(3.) The learned counsel appearing for the petitioner has also brought to the information of this Court that the Appellate Tribunal for Electricity has passed various orders continuously confirming that the power and jurisdiction to verify the status of captive users and captive generating plants are available only to the State Regulatory Commissions in various orders as follows: