M/S.Carbonaire Industries Madras P Ltd v. Tamilnadu Generation And Distribution
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-11-2025
CORAM
THE HONOURABLE MR JUSTICE M.DHANDAPANI M/s.Carbonaire Industries Madras P Ltd Solar Plant No 079414620009, No 207 (old No 129) St.Mary's Road Alwarpet, Chennai 600 018 Repd by its Director Mr. Anandkathare Petitioner(s) Vs
1. Tamilnadu Generation and Distribution Corporation Limited (TANGEDCO), 10th Floor, 144, Anna Salai, Chennai - 600 002 2.The Chief Engineer, TANGEDCO, 2nd Floor, 144, Anna Salai, Chennai - 600 002.
3.The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.
Respondent(s) PRAYER This Writ Petition has been filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the 2nd and 3rd Respondent to effect name transfer in Petitioner's WEG Nos. 079214722269 from the erstwhile M/s. Akash Agarwal Engineers and Contractors to the name of the petitioner's name M/s. Carbonaire Industries (Madras) P Ltd along with utility change form sale to board to own captive consumption in their industry bearing HTSC No.
099094110417 and 099094110722 by executing a fresh Energy wheeling Agreement as per petitioner's application dated 26.06.2023 and consequential representation dated 05.01.2024 on payment of necessary charges For Petitioner(s):
Mr.M.Saravanakumar For Respondent(s):
Mr.D.K.Arun Kumar, Standing Counsel
ORDER
This writ petition is filed seeking to direct the 2nd and 3rd Respondents to effect name transfer in Petitioner's WEG Nos. 079214722269 from the erstwhile M/s. Akash Agarwal Engineers and Contractors to the name of the petitioner's name M/s. Carbonaire Industries (Madras) P Ltd along with utility change form sale to board to own captive consumption in their industry bearing HTSC No. 099094110417 and 099094110722 by executing a fresh Energy wheeling Agreement as per petitioner's application dated 26.06.2023 and consequential representation dated 05.01.2024 on payment of necessary charges 2.The case of the petitioner is that the petitioner company owns and operates WEG No.079414620009 situated at Tirunelveli under the jurisdiction of the 3rd Respondent. The Energy generated by the wind mill of the petitioner company sold to the respondent. TANGEDCO by executing an Energy Purchase Agreement (EPA) dated 10.05.2023 as per Tariff notified by the State Commission, through its Comprehensive Wind Energy Tariff orders. In terms of
the Agreement the petitioner is raising monthly invoices for the energy sold to the Respondent TANGEDCO and till this date the Respondent TANGEDCO has not settled the payment and even for the delayed payment the petitoner has not claimed any interest.
3.While so, on 26.06.2023, the petitioner has made an application to the 2nd Respondent to convert the existing energy purchase agreement (EPA) to an Energy Wheeling Agreement(EPA) for supplying their wing energy generated to other consumers under Group Captive or third party sale scheme provided under the provisions of the Electricity Act, 2003. Thereafter, based on the petitioner's application dated 26.06.2023, the 2nd Respondent vide communication dated has sought for NOC/recommendation from the 3rd Respondent for processing the utility change from the board to own group captive. The 3rd Respondent has issued no due certificate on 06.06.2023. Now the 2nd Respondent direct the petitioner to pay necessary charges for effecting utility change from sale to Board to Group.
The petitioner is ready to make payment towards open access registration fees and name transfer fees. However, the 2nd and 3rd Respondent has kept the petitioner's application pending. 4.The petitioner has now filed this petition for directing the respondents 2 and 3 to effect name transfer in Petitioner's WEG Nos.079214722269 from the erstwhile M/s.
Petitioner's name M/s.Corbonaire Industries(Madras) P Ltd along with utility change form sale to board to own captive consumption in their industry bearing HTSC No.099094110417 & 099094110722 by executing a fresh Energy Wheeling Agreement as per Petitioner's application dated 26.06.2023 and consequential representation dated 05.01.2024 on payment of necessary charges.
5.The learned counsel for the petitioner would now submit that the name transfer was effected by the respondent, however, utility change form sale to board to own captive consumption is yet to be effected. Hence, a direction be issued to the respondents to effect utility change form sale to board to own captive consumption, without reference to BP 44 of 2023 dated 01.08.2023, by considering Petitioner's application dated 26.06.2023 and consequential representation dated 05.01.2024.
6.The learned Standing Counsel for the respondents would submit that appropriate orders will be passed on the representation of the petitioner within a period of time as fixed by this Court.
7.Accordingly, the writ petition is disposed of by issuing a direction to the respondents to consider the Petitioner's application dated 26.06.2023 and consequential representation dated 05.01.2024, and to pass appropriate orders,
within a period of four weeks from the date of receipt of a copy of this order, in accordance with law, without reference to BP 44 of 2023, after providing an opportunity of hearing to the petitioner. No costs. 06-11-2025 Tsg Index:Yes/No Speaking/Non-speaking order Internet:Yes To
1. Tamilnadu Generation and Distribution Corporation Limited (TANGEDCO), 10th Floor, 144, Anna Salai, Chennai - 600 002 2.The Chief Engineer, TANGEDCO, 2nd Floor, 144, Anna Salai, Chennai - 600 002.
3.The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.
M.DHANDAPANI J.
Tsg 06-11-2025