Atria Wind (Kadambur) P Ltd v. Tamil Nadu Generation And Distribution
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. Nos.10455, 10465, 10459, 10468, 10461, 10463 & 10464 of 2022 WP.No.10455 of 2022 Atira Wind (Kadambur) P Ltd.
WEG No.245, 250, 246, 247, 248 and 249 Reg Office:-Atira Power, 1st Floor, No.11, Commissariat Road, Banglore - 5600 025 Repd.by its Authorized Signatory Pramod Giridhar Raju
...Petitioner in WP.10455, 10465, 10459,
10461, 10463, & 10464/2022 GEM RENEWABLES (P) LTD.
No.27-21, B/2 Joseph Nagar, Main Road, (Near LMS Girls HSS), Marthandam 629165, Kanyakumari Rep. by its Director Asha Priya Dharshini.
...Petitioner in WP.10468/2022
Vs.
1. Tamil Nadu Generation and Distribution, Corporation Ltd, (TANGEDCO), 10th Floor, 144, Anna Salai, Represented by its Chairman Cum Managing Director.
2. The Chief Engineer, NCES, 2nd Floor, 144, Anna Salai, Chennai - 600 002.
3. The Superintending Engineer, Tirunelveli Electricity and Distribution Circle, TIRUNELVELI.
4. Director Finance Tamil Nadu Generation and Distribution, Corporation Limited, 144, Anna Salai,
...Respondents in all the
Writ Petitions Prayer:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st, 2nd and 3rd Respondents to allow the utility change to the petitioner by terminating the existing Energy Purchase Agreements dated (EPAs) dated 19.04.2017, 19.01.2022 for their WEG Nos. 245, 250, 246, 079214722498, 247, 248 and 249 and execute fresh Energy Wheeling Agreement under Group Captive Scheme or Third Party sale 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 19.04.2017, 19.01.2022 (in WP.No.10468) as per their respective invoices along with the interest at 1% per month for any delay in payments.
For Petitioner : Mr.S.P.Parthasarathy 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 matters 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(CCC) //True Copy// Sub Assistant Registrar nst/ska To
1. Tamil Nadu Generation and Distribution, Corporation Ltd, (TANGEDCO), 10th Floor, 144, Anna Salai, Represented by its Chairman Cum Managing Director.
2. The Chief Engineer, NCES, 2nd Floor, 144, Anna Salai, Chennai - 600 002.
3. The Superintending Engineer, Tirunelveli Electricity and Distribution Circle, TIRUNELVELI.
4. Director Finance Tamil Nadu Generation and Distribution, Corporation Limited, 144, Anna Salai, +7cc to M/s.R.S.Pandiaraj, Advocate, S.R.No.29524 W.P. Nos.10455, 10465, 10459, 10468, 10461, 10463 & 10464 of 2022 RGN(CO) SB(19/05/2022)