NUPOWER WIND FARMS LIMITED, KANDAMANUR VILLAGE Vs. TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED

JUDGEMENT

(1.) The petitioner seeks for a Writ of Certiorarified Mandamus to call for the records on the files of the 2nd respondent relating to the issuance of the impugned Circular.Memo.No.CE/NCES/SE/EE/WPP/ AEE2/ F. Banking instruction/D.903/17, dated 30/31.03.2017 and quash 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 Rules, 2005 and the binding judgment of the Hon'ble APTEL, in the matter of energy accounting of the WEGs identified for captive use and consequently direct the Respondents to approach the Tamilnadu Electricity Regulatory Commission for seeking directions as to how the energy accounting needs to be done in respect of CGPs identified for the captive users for their captive consumption as found enumerated in the Electricity Rules 2005.

(2.) The learned counsel appearing for the petitioner has brought to the notice of this Court that the relevant provisions of the Electricity Rules 2005, which regulate the system of accounting of energy generated from the captive generating plants. According to the proviso quoted, the Rules are making it obligatory to take only the "Aggregate Electricity Generated" from the captive generating plants identified for the purpose of captive use.

(3.) The learned counsel appearing for the petitioner has also brought to the notice of this Court that the Appellate Tribunal for Electricity has passed a relevant order confirming the above position of the provisions of the Electricity Rules 2005 in the matter of Salasar Steel and Power Ltd. v. Chatisgarh State Electricity Regulatory Commission, Appeal No.252 of 2015, decided on 08.11.2016 as extracted below: