M/S. Rc Wind Powers Llp v. Tamil Nadu Electricity Regulatory Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-02-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA and WMP No. 4145 of 2026 M/s.R.C.Wind Powers LLP Classic Building No.31, Puliyamara Thottam Karuvampalayam Extension, Tirupur Repd. by its Authorised Signatory Mr.S.N.Venkatachalam ..Petitioner(s) Vs
1. Tamil Nadu Electricity Regulatory Commission 4th Floor, SIDCO Building, Thiru.Vi. Ka. Industrial Estate, Guindy, Chennai-600 032, Represented by its Secretary.
2. Tamil Nadu Power Distribution Corporation Ltd., (TNPDCL), Rep. By its Chairman, 144, Anna Salai, Chennai-600 002.
3. Director Finance Tamil Nadu Power Distribution Corporation Ltd., (TNPDCL) No.144, Anna Salai, Chennai-600 002.
4. The Superintending Engineer (TNPDCL) Dindigul Electricity Distribution Circle, Dindigul.
5. The Superintending Engineer (TNPDCL ), Palladam Electricity Distribution Circle, Palladam.
6. The Superintending Engineer TNPDCL), Tirunelveli Electricity Distribution Circle, Tirunelveli ..Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus forbearing the respondents and their men, agents from collecting open access charges and any arrears from the petitioner until the respondents makes payment of the outstanding dues of Rs.41,40,841 /- (for the month of May to July 2025) payable to the petitioner or give adjustment in the open access charges payable by the petitioner till the entire amount is adjusted and pass orders.
For Petitioner(s):
Mr.R.S. Pandiyaraj For Respondent(s):
Mr.S.Madhusudanan Standing Counsel for R1 to R6
ORDER
The above writ petition is filed for the following relief : " To forbear the respondents and their men, agents from collecting open access charges and any arrears from the petitioner until the respondents makes payment of the outstanding dues of Rs.41,40,841 /- (for the month of May to July 2025) payable to the petitioner or give adjustment in the open access charges payable by the petitioner till the entire amount is adjusted"
2. The petitioner-industry owns windmills under group captive scheme nd generate the wind power energy for their consumption. The petitioner had entered into a Energy Wheeling Agreement (EWA) with the second respondent in pursuance of the Tariff Orders issued by the first respondent-Commission. As per the EWA, if the wind energy generated by the petitioner is not utilized fully by them, the balance of it may be supplied to the respondent Board, and as against the said supply the respondent-Board would pay the petitioner 75% of normal purchase fixed by the Commission.
3. According to the petitioner, after the captive consumption upto April 2025, it had sold the unutilized energy to the respondents 4 to 6, for which an outstanding amount of Rs. 41,40,841/- is due to them. The respondents have not paid the said amount. Owing to the default of the respondents in making payments to the petitioner, the petitioner could not pay the Open Access viz., Transmission Charges, O&M Charges, System Operation Charges, Scheduling Charges and AMR charges etc., Hence, the petitioner is before this Court seeking the above relief.
4. The learned counsel appearing for the petitioner has brought to the notice of the Court that in a similar case in W.P.No.47775 of 2025, this Court has passed the following order :
"3.Accordingly, this writ petition stands disposed of in similar terms with a direction to the respondents to adjust the amount of Rs.16,92,851/- (for the year 2023 - 2024) payable by the respondents to the petitioner towards the electricity supplied to them by the petitioner, with the current consumption charges, demand charges payable by the petitioner, till the entire amount is adjusted or exhausted. The respondents shall not take any coercive steps against the petitioner for disconnection of power supply till entire outstanding amount payable to the petitioner by respondents gets adjusted towards current consumption charges, demand charges etc., payable by the petitioner. Consequently, WMP.No.53341 of 2025 is closed. No costs."
5. Heard the learned counsel on either side and this Court also perused the materials placed before this Court.
6. Considering the facts and circumstances of the case and also this Court had dealt with similar cases earlier, this Court is inclined to dispose of the writ petition in similar terms, directing the respondents to adjust the amount of Rs.41,40,841/- (for the month of May - July 2025) payable by the respondents to the petitioner towards the electricity supplied to them by the petitioner, against the Open Access Charges payable by the petitioner, till the entire amount is adjusted or exhausted. The respondents shall not take any coercive steps against the petitioner, till the entire outstanding amount payable by the
respondents gets adjusted towards Open Access Charges payable by the petitioner. Consequently, the connected miscellaneous petition is closed. No costs.
05-02-2026 Index: Yes/No Speaking/Non-speaking order DS To:
1. The Secretary Tamil Nadu Electricity Regulatory Commission 4th Floor, SIDCO Building, Thiru.Vi. Ka. Industrial Estate, Guindy, Chennai-600 032,
2. Tamil Nadu Power Distribution Corporation Ltd., (TNPDCL), Rep. By its Chairman, 144, Anna Salai, Chennai-600 002.
3. The Director Finance Tamil Nadu Power Distribution Corporation Ltd., (TNPDCL), No.144, Anna Salai, Chennai-600 002.
4. The Superintending Engineer (TNPDCL), Dindigul Electricity Distribution Circle, Dindigul.
5. The Superintending Engineer (TNPDCL ), Palladam Electricity Distribution Circle, Palladam.
6. The Superintending Engineer TNPDCL), Tirunelveli Electricity Distribution Circle, Tirunelveli
P.T.ASHA J.
DS and WMP No. 4145 of 2026 05-02-2026