R.Gopalan v. Tamilnadu Generation And Distribution
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P. No. 18962 of 2021 and W.M.P.No. 20222 of 2021 R. Gopalan WEG No.079214722466, N-8, Sriram Garden, Phase I Kurumbapalayam(Po) Coimbatore - 641 007 ..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 Change to the petitioner by terminating the existing Energy Purchase Agreements all dated 10.05.2021 for their WEG Nos. 079214722466 and execute fresh Energy Wheeling Agreement under 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 outstanding payment of Rs. 1,54,969/- to the petitioner towards the wind energy sold by the petitioner for the period from May/2021 to till date 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 : M/s.M. Abul 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 to petitioner to switch over to captive consumption/group captive consumption/third party sale, as the case may be, as per the request made by the petitioner.
(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, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar RAP/RR To
1. The 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, S.R.No.45438 W.P.No. 18962 of 2021 and W.M.P.No. 20222 of 2021 PCH(CO) RGA(27/09/2021)