M/S.Hibah Renewable Energies Pvt Ltd v. Tamilnadu Generation And Distribution
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.02.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.NO.3610 OF 2022 M/s.Hibah Renewable Energies Pvt. Ltd., rep. By its Managing Director S.L.Mohamed Mithaq Deen ... Petitioner Vs
1. Tamilnadu Generation and Distribution Corporation Ltd. (TANGEDCO) 10th Floor, 144, Anna Salai, Chennai - 600 002.
represented by its Chairman cum Managing Director.
2. The Chief Engineer NCES, TANGEDCO, 2nd floor,
3. The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.
4. Director Finance Tamil Nadu Generation and Distribution Corporation Limited ... Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct respondents 1 and 2 to allow the Utility Change to the petitioner by terminating the existing Energy Purchase Agreements dated 29.04.2021 for their WEG Nos.079224723535 and execute fresh Energy Wheeling Agreement under Group Captive Scheme as per the Common Order of the Hon'ble High Court of Judicature at Madras dated 30.08.2019 which was upheld by the Hon'ble Division Bench dated 18.02.2020 and also by the Hon'ble Supreme Court of India dated 24.09.2020
and make payment of the outstanding dues payable to the petitioner towards the wind energy sold by the petitioner till the date of the termination of the EPA dated 29.04.2021 as per their respective invoices along with interest 1% per month for any delay in payments.
For Petitioner : Mr.S.P.Parthasarathy For Respondents: Ms.Keerthana Shenoi for Mr.L.Jai Venkatesh Standing Counsel - R1 & R2
O R D E R
Ms.Keerthana Shenoi, learned counsel on behalf of Mr.L.Jai Venkatesh, learned Standing Counsel accepts notice for the respondents and is armed with instructions to proceed with the matter finally. Hence, by consent expressed by both learned counsel, this Writ Petition is disposed finally even at the stage of admission.
2. The prayer of the petitioner is for a mandamus directing the respondents to permit the Utility Change to it by terminating the existing Energy Purchase Agreements dated 29.04.2021 for their WEG Nos.079224723535 and execute fresh Energy Wheeling Agreement.
3. An identical prayer was made in the case of other similarly placed petitioners and has come to be accepted by this Court in W.P.No.5196 of 2019 etc. batch by a learned single Judge of this Court vide order dated 30.08.2019, operative portion of which reads as follows:
29. Thus, for the reasons stated above, the writ petitions deserve to be allowed with the following directions;
(a) the respondents/TANGEDCO are directed to permit the petitioners to switch over to captive consumption so as to use the same for their own industry;
(b) the respondents/ TANGEDCO are directed to settle the respective dues to the petitioners as per their respective invoices raised by them, along with interest as per Clause 6(b), within a period
of two months from the date of receipt of a copy of this order.
(c) Consequently, in view of permitting the petitioners to migrate from EPA to EWA, the proceedings dated 20.05.2017 of the first respondent deciding not to concede any request for migration is set aside.
4. The aforesaid order is confirmed in W.A.No.4189 of 2019 vide order dated 18.02.2020, which has also been confirmed in SLP Nos.8513 to 8518 of 2020 by order of the Hon'ble Supreme Court dated 24.09.2020.
5. The aforesaid orders have also been consistently followed by this Court thereafter. In view of the admitted identity in facts and legal position, the aforesaid orders are taken to be passed in the present matter as well.
6. This Writ Petition is allowed as above and the mandamus sought for is issued including the specific direction for settlement of dues to the petitioner. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Sl To
1. Tamilnadu Generation and Distribution Corporation Ltd. (TANGEDCO) 10th Floor, 144, Anna Salai, Chennai - 600 002.
represented by its Chairman cum Managing Director.
2. The Chief Engineer NCES, TANGEDCO, 2nd floor,
3. The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.
4. Director Finance Tamil Nadu Generation and Distribution Corporation Limited +1cc to Mr.R.S.Pandiyaraj, Advocate, S.R.No.12636 W.P.No.3610 of 2022 SVI(CO) PM/01/04/2022