Aalayam Power System P Ltd v. Tamil Nadu Generation And Distribution
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2022 CORAM :
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.NOS.15068, 15072, 15075, 15078, 15083 & 15085 OF 2022 Aalayam Power System P.Ltd., WF HTSC No.039204340661 (Old No.1144) 4-428 paruthipalli Main Road, Suriyagoundampalayam, Mallasamudram (Po) Tiruchengode(TK) Namakkal - 637 503 repd. By it Director S.V.Nallasivam
...Petitioner in W.P.No.15068/2022
M/s.Loyal Renewable Energy Pvt.Ltd.
Plot No.32, First Cross Street, Chandran Nagar, Chrompet, Chennai - 600 044 repd. by its Authorized Signatory, Mr.V.Manikandan
...Petitioner in W.P.No.15072/2022
Rajaswamy Wind Mills P Ltd.
WEG No.039214391252, No.329/2, Trichy Road, Palladam - 641 664 Tirupur District, Repd by its Director C.Loganathan
...Petitioner in W.P.No.15075/2022
M/s.Loyal Renewable Energy Pvt.Ltd.
Plot No.32, First Cross Street, Chandran Nagar, Chrompet, Chennai - 600 044 repd. by its Authorized Signatory, Mr.V.Manikandan
...Petitioner in W.P.No.15078/2022
Vethasri Wind Mills P Ltd.
WEG No.079234724199, No.1074P, Chentil Nagar, 7th Main Road, KTC Nagar, Tirunelveli - 11 Repd. By tis Managing Director Murugesan.S.
...Petitioner in W.P.No.15083/2022
Silver Spring spinners India P Ltd., WEG No.039204390889, Mullikulam, Malli Village, Malli (Po) Srivilliputtur (Tk) Virudhunagar - 626 141, Repd. By its Authorised Signatory T.Manikam.
...Petitioner in W.P.No.15085/2022
Vs 1.Tamilnadu Generation and Distribution Corporation Ltd. (TANGEDCO) 10th Floor, 144, Anna Salai, Chennai - 600 002.
2.The Chief Engineer, NCES, TANGEDCO, 2nd Floor, 144, Anna Salai, Chennai - 600 002.
...1st and 2nd respondents in all the W.Ps.
3.The Superintending Engineer, TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.
...3rd respondent in W.P.No.15068/2022 4.The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladam.
...3rd respondent in W.P.No.15072, 15075 & 15085/2022 5.The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.
...3rd respondent in W.P.No.15078 & 15083/2022 6.Director Finance, Tamil Nadu Generation and Distribution, Corporation Limited, 144, Anna Salai, Chennai - 600 002.
...4th repsondent in W.P.Nos.15068, 15072, 15075, 15078 & 15083/2022 and 5th respondent in W.P.No.15085/2022
7.The Superintending Engineer, TANGEDCO, Virudhunagar Electricity Distribution Circle, Virudhunagar.
...4th respondent in W.P.No.15085/2022 Prayer in W.P.No.15068/2022 : 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 29.05.2017 for their WEG Nos. 039204340661 (Old No.1144) 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 uphold 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 29.05.2017 as per their respective invoices along with interest at 1% per month for any delay in payments.
Prayer in W.P.No.15072/2022 : 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 all dated 16.05.2022 for their WEG Nos.039214391016 and execute fresh Energy Wheeling Agreement under Group captive / Third party 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 16.05.2022 as per their respective invoices along with interest at 1% per month for any delay in payments.
Prayer in W.P.No.15075/2022 : 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 all dated 15.03.2022 for their WEG Nos. 039214391252 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 as per their respective invoices till the agreement date 15.03.2022 is terminated along with interest at 1% per month for any delay in payments.
Prayer in W.P.No.15078/2022 : 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 03.01.2022 for their WEG Nos. 079224723093 and execute fresh Energy Wheeling Agreement under Group captive / third party scheme as per the Common Order of the Hon'ble High Court of Judicature at Madras dated 30.08.2019 which was uphold 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 03.01.2022 as per their respective invoices along with interest at 1% per month for any delay in payments.
Prayer in W.P.No.15083/2022 : 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 all dated 22.03.2022 for their WEG Nos.079234724199 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 uphold 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 as per their respective invoices till the agreement dated 22.03.2022 is terminated along with interest at 1% per month for any delay in payments.
Prayer in W.P.No.15085/2022 : 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 all dated 10.03.2022 for their WEG Nos. 039204390889 and execute fresh Energy Wheeling Agreement for their own captive consumption at their HTSC No.0779094620174 as per the Common Order of the Hon'ble High Court of Judicature at Madras dated 30.08.2019 which was uphold 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
10.03.2022 as per their respective invoices along with interest at 1% per month for any delay in payments.
For Petitioners :
Mr.R.S.Pandiyaraj For Respondents :
Mr.L.Jai Venkatesh, Standing Counsel for TANGEDCO COMMON ORDER These writ petitions have been filed for a mandamus seeking for a direction to the first, second and third respondents to allow the utility change for the petitioners by terminating their respective existing Energy Purchase Agreements (EPAs) dated 29.05.2017 for the WEG No.039204340661 (old No.1144), dated 16.05.2022 for the WEG No.039214391016,dated 15.03.2022 for the WEG No.039214391252, dated 03.01.2022 for the WEG No.079224723093, dated 22.03.2022 for the WEG No.079234724199, dated 10.03.2022 for the WEG No.039204390899 and execute fresh Energy Wheeling Agreement under Group Captive / captive consumption scheme as per the Common Order of this Court dated 30.08.2019 passed in W.P.No.5196 of 2019 etc., batch which was upheld by the Hon-ble First Bench of this Court dated 18.02.2020 in W.A.No.4189 of 2019 etc., batch and thereafter by the Hon'ble Supreme Court by its order dated 24.09.2020.
2. Mr.L.Jai Venkatesh, learned Standing Counsel for TANGEDCO accepts notice on behalf of the respondents. By consent of both parties, these writ petitions are taken up for final disposal in the admission stage itself.
3. Heard Mr.R.S.Pandiyaraj, learned counsel for the petitioners and Mr.L.Jai Venkatesh, learned Standing Counsel for the respondents.
4. The petitioners had earlier entered into Energy Purchase Agreements 29.05.2017, 16.05.2022, 15.03.2022 03.01.2022, 22.03.2022 & 10.03.2022 respectively for their WEG's. Under the Energy Purchase Agreement, payments have not been made by the respondents. The petitioner seeks for conversion of the Energy Purchase Agreements to an Energy Wheeling Agreement under the group captive consumption/captive consumption scheme. In similar circumstances, in respect of other companies who had also entered into Energy Purchase Agreements and payments were defaulted, writ petitions were filed and they were allowed for converting Energy Purchase Agreement into Energy Wheeling Agreement under the Group Captive Scheme. The following are the writ petitions in which similar orders were passed as the one sought for by the petitioner in this writ petition: (a) the order dated 26.10.2021 passed in W.P.No.22695 of
2021 (Orange Valley Windmills Pvt. Ltd., vs. Tamil Nadu Generation and Distribution Corporation Ltd and three others) (b) Order dated 20.01.2022 passed in W.P.Nos.519, 523 & 524 of 2022 (Pioneer NF Forging India Pvt., Ltd., vs. Tamil Nadu Generation and Distribution Corporation Ltd and others) (c) Order dated 30.08.2019 passed in batch of writ petitions, namely W.P.No.5196 of 2018 etc batch.
5. In all the aforementioned writ petitions, almost identical directions were issued by the respondents which are as follows:
(a) The respondent/TANGEDCO is directed to permit the petitioners to switch over to group consumption/ captive consumption scheme, as the case may be, as per the request made by the petitioners;
(b) the respondent/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 that order;
(c) Consequently, in view of permitting the petitioners to migrate from EPA to EWA, the proceedings issued by the 1st respondent deciding not to concede any request for migration is set aside.
6. Since the petitioners are also similarly placed, the directions issued by this Court earlier shall hold good for these petitioners also.
7. In terms of the above directions extracted supra, these writ petitions are disposed of. No costs.
Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar vsi To 1.Tamilnadu Generation and Distribution Corporation Ltd. (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, Udumalpet Electricity Distribution Circle, Udumalpet.
4.The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladam.
5.The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.
6.Director Finance, Tamil Nadu Generation and Distribution, Corporation Limited, 144, Anna Salai, Chennai - 600 002.
7.The Superintending Engineer, TANGEDCO, Virudhunagar Electricity Distribution Circle, Virudhunagar.
+6ccs to Mr.R.S.Pandiyaraj, Advocate, Sr.No.36984 W.P.No.15068, 15072, 15075, 15078, 15083 & 15085 of 2022 NRL(CO) RVM(28/06/2022)