Citron Ecopower P Ltd v. Tamil Nadu Generation And Distribution Corporation Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2021

CORAM:

THE HONOURABLE Mr. JUSTICE N.ANAND VENKATESH W.P.No.17554 of 2021 and W.M.P No.18658 of 2021 Citron Ecopower P Ltd., WF HTSC No. 3868, 3924, 3925, 3926, 3929 & 3930 4th Floor, Caledon Square, Avinashi Road, Peelamedu, Coimbatore - 641 004, Repd. By its Authorised Signatory B. Rajeshwaran

...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, 144, Anna Salai, Chennai - 600 002

3. The Superintending Engineer, TANGEDCO, Tirunelveli electricity Distribution Circle, Tirunelveli

4. Tamilnadu Electricity Regulatory Commission, 19-A Rukmini Lakshmipathi Salai, Egmore, Chennai - 600 008.

Represented by its Secretary.

...Respondents

Prayer: Writ petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of MANDAMUS, directing the 1st, 2nd and 3rd respondents to allow the Utility Charge to the petitioner by terminating the existing Energy Purchase Agreements all dated 31.03.2017 for their WEG Nos. 3868, 3924, 3925, 3926, 3929 & 3930 respectively 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 outstanding payment of Rs.5,12,61,292/- to the petitioner towards the wind energy sold by the petitioner for the period from October 2019 to 22.07.2021 as per their respective invoices along with interest at 1% per month for any delay in payments.

For Petitioner : M/s.R.S. Pandiyaraj For Respondents : Mr. M. Abdul Kalam, Standing Counsel.

O R D E R

Heard Mr.R.S.Pandiyaraj, learned Counsel appearing for the petitioner and Mr.M.Abdul Kalam, learned Standing Counsel appearing on behalf of the respondents.

2. The issue involved that has been raised in the present Writ Petition is covered by the earlier order passed by this Court in a batch of Writ Petitions in W.P.Nos.5196, 11725, 8459 & 8463 of 2019 and 6694 & 1275 of 2018 dated 30.08.2019. This order was subsequently confirmed by the First Bench of this Court in W.A.Nos.4189, 4194, 4197, 4201, 4204 and 4205 of 2019 dated 18.02.2020.

3.It was further confirmed by the Hon'ble Supreme Court by order dated 24.09.2020, wherein the Special Leave Petition filed by TANGEDCO was dismissed.

4. In view of the above, this Writ Petition is allowed with the following directions:

(a) The respondents/TANGEDCO are directed to permit the petitioner 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 petitioner 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 petitioner 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.

5. This Writ Petition is allowed accordingly. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar RAP/RR To

1. Chairman cum Managing Director, 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

3. The Superintending Engineer, TANGEDCO, Tirunelveli electricity Distribution Circle, Tirunelveli

4. The Secretary, Tamilnadu Electricity Regulatory Commission, 19-A Rukmini Lakshmipathi Salai, Egmore, Chennai - 600 008.

+1CC to Mr.R.S.Pandiyaraj, Advocate, Sr.No.42101 W.P.No. 17554 of 2021 and W.M.P No.18658 of 2021 AK-II (CO) K.RK.(13.09.2021)