1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2011 CORAM THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD).No.6229 of 2011 Arasan Syntex Limited, Eppodunvendran Tuticorin District 627 712 rep. by its Office Manager W.Jeyamohan .. Petitioner Vs. 1.The Tamil Nadu Electricity Board, repd. by its Chairman, No.800, Anna Salai, Chennai-600 002. 2.The Superintending Engineer, Tirunelveli Electricity Distribution Circle, Tamil Nadu Electricity Board, Tirunelveli. .. Respondents Prayer:- Writ petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the respondent to pay interest of Rs.3,90,504 vide the petitioner's invoice Nos.5068 and 5069 both dated 03.02.2011 for the delay in payment of wind energy charges as permitted by orders made in MP No.17 of 2009 and DRP No.15 of 2009 passed by the Tamil Nadu Electricity Regulatory Commission within a stipulated time. For Petitioner Mr.R.S.Pandiyaraj For Respondents Mr.M.Suresh Kumar ORDER This writ petition has been filed seeking to issue a Writ of Mandamus directing the respondents to pay interest of Rs.3,90,504 vide the petitioner's invoice Nos.5068 and 5069 both dated 03.02.2011 for the delay in payment of wind energy charges as permitted by orders made in MP No.17 of 2009 and DRP No.15 of 2009 passed by the Tamil Nadu Electricity Regulatory Commission within a stipulated time. 2. The petitioner for their own use has installed wind mills and went into an wheeling agreement for captive adjustment to the petitioner's HT service connection No.120 coming under the jurisdiction of the Tirunelveli Electricity Distribution Circle. As per the tariff order, the Tamil Nadu Electricity Regulatory Commission has permitted interest at the rate of 18%, if the claim amount is not settled within 60 days of the claim made by the wind energy generators. According to the Regulatory Commission's order, the petitioner is also entitled to the interest of 18% per annum for the belated payment. When this was requested to be paid, the second respondent has not replied so far. Hence, the petitioner has come forward with this writ petition for the relief as stated earlier. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The learned counsel for the respondents objected to the very writ petition on the ground that it is premature because there is no rejection and further he would only state that the writ petition is not the remedy available to him. There is an arbitration clause in the agreement and hence, the writ petition is not maintainable. 4. Heard both sides. By consent of both parties, the main writ petition itself is taken up for final disposal. 5. Even though there was an argument for maintainability, after elaborate argument the learned counsel for the petitioner fairly submitted that as of now, the respondent board has not rejected the payment of interest. Since the respondents have sought clarification, the petitioner has made a representation on 03.02.2011 itself seeking them to consider to pay the interest for the belated payment in accordance with the Tamil Nadu Regulatory Commission's previous order as well as direction. In fact, one such order is also produced in the Court wherein, the Tamil Nadu Electricity Regulatory Commission has directed the respondent to pay the interest for the belated payment. 6. In view of the submissions now made by the learned counsel for the petitioner to consider the representation in terms of the order passed by the Regulatory Commission, it would suffice to direct the first respondent/Chairman to consider the representation/invoice of the petitioner dated 03.02.2011 and pass orders in accordance with law and on merits within a period of eight weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. No costs. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To 1.The Chairman, Tamil Nadu Electricity Board, No.800, Anna Salai, Chennai-600 002. 2.The Superintending Engineer, Tirunelveli Electricity Distribution Circle, Tamil Nadu Electricity Board, Tirunelveli. Order made in Writ Petition (MD).No.6229 of 2011 24.06.2011 srm RJ/8.7.11 2p/3c https://hcservices.ecourts.gov.in/hcservices/