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Madras High CourtWP/8656/2022allowed

M/S.Muzik 247, v. Tamilnadu Generation And Distribution,

2022-04-08Honourable Dr Justice Anita Sumanth6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.Nos.8656, 8663 & 8666 of 2022 WP.No.8656 of 2022 M/s.Muzik 247 Also Known as Muzik 247 Energies No.72, Royapettah High Road, Royapettah, Chennai-14 Repd. by its Partner, Naveen Bhandarai ... Petitioner Prayer:

Writ Petition filed under Article 226 of the

Agreements dated 28.06.2021 for their WEG No.079224722996 and execute fresh Energy Wheeling Agreement under Group Captive scheme as per the Common Order of the 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 28.06.2021 as per their respective invoices along with interest at 1% per month for any delay in payments. AND WP.No.8663 of 2022 Dynamic Spare and Service P Ltd., 8/125E/C3, Tamil Nagar, Aralvoimozhi - 629 301.

Repd. by its Director N.R.Manikantan ... Petitioner Prayer: Writ Petition filed under Article 226 of the

Agreements dated (EPAs) 22.03.2021 for their WEG No.079204720311 and execute fresh Energy Wheeling Agreement under Group Captive/third party scheme as per the Common Order of the 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 22.03.2021 as per their respective invoices along with interest at 1% per month for any delay in payments.

WP.No.8666 of 2022 M/s.Muzik 247 Also Known as Muzik 247 Energies No.72, Royapettah High Road, Royapettah, Chennai-14 Repd. by its Partner, Naveen Bhandarai ... Petitioner Prayer: Writ Petition filed under Article 226 of the

Agreements dated 28.06.2021 for their WEG No.079224722997 and execute fresh Energy Wheeling Agreement under Group Captive scheme as per the Common Order of the 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 28.06.2021 as per their respective invoices along with interest at 1% per month for any delay in payments. (In all WPs) For Petitioner : Mr.M.Saravana Kumar For Respondents : Mr.Abul Kalam Standing Counsel COMMON ORDER Mr.Abul Kalam, 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, these Writ Petitions are disposed finally even at the stage of admission.

2. The prayer of the petitioners is for a mandamus directing the respondents to permit the Utility Change to them by terminating the existing Energy Purchase Agreements 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.These Writ Petitions are allowed as above and the mandamus sought for is issued including the specific direction for settlement of dues to the petitioners. No costs. SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR vs/ska To 1.The Chairman Cum Managing Director, Tamilnadu Generation and Distribution Chennai - 600 002.

4.The Director Finance, +3cc to Mr.R.S.Pandiyaraj, Advocate Sr.24696 W.P.Nos.8656, 8663 & 8666 of 2022 pl[co] srg 19/04/2022