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Madras High CourtWP/26191/2021allowed

Sri Kannika Parameswari Stores v. Tamil Nadu Generation And Distribution Corporation Ltd

2021-12-09Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:09.12.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.26191, 26192 & 26193 of 2021 W.P.No.26191 of 2021:

Sri Kannika Parameswari stores, No.91 Kamarajar street Villupuram -605602, Repd by its Proprietor gunasekaran Mannar. ...Petitioner VS ... Respondents 15.07.2009 for their WEG Nos.039214391402 (Old No.1679) and execute fresh Energy Wheeling Agreement under 3rd party sale scheme as per common order of the Honourable High court of outstanding payment due to the petitioner towards the wind energy sold by the petitioners WEG No. 039214391402(Old No.1679 as per their respective invoices till the utility change is

effected along with interest at 1 percent per month for any delay in payments.

W.P.No.26192 of 2021:

M/s.Sri Balaji and CO Adm.off No.405 Maker chamber V 4th Floor Nariman Point, Mumbai-400 021 Rep by its Authorized signatory R.Venkatachalam .....Petitioner Vs (TANGEDCO) 10th floor, No.144 Anna salai, chennai-02, Rep by its Chairman Cum Managing Director 2 The Chief Engineer Non-Conventional Energy sources TANGEDCO TANGEDCO Udumalpet Electricity Distribution circle, Udumalpet.

19-A Rukumini Lakshmipathy salai, Egmore chennai-600008 .......Respondents 27.03.2010 for their WEG Nos.059224760251 (Old No.T66) and execute fresh Energy Wheeling Agreement under Group Captive Scheme as per the Common order of the Honourable High court of outstanding payment of Rs.1 87 60 316/- to the petitioner towards the wind energy sold by the petitioner for the period from July 2020 to September 2021 as per their respective invoices along with interest at 1 percent per month for any delay in payments.

W.P.No.26193 of 2021:

The Metal Powder company Ltd Maravankulam village Thirumangalam, Madurai, Repd by its Chief Executive officer Sri.A.Kasirajan .....Petitioner Vs .......Respondents 8.3.2020 and execute fresh Energy Wheeling Agreement for their own Captive Consumption of the energy generated in petitioners WF HTSC No.039224391657 (Old No.971) as per the Common order of the Honourable High court of Judicature at Madras dated 30.8.2019 which was upheld by the Honourable Division Bench dated 18.2.2020 and also by the Honourable Supreme court of India dated 24.9.2020 and consequently make payment of Rs.31 22 836/- towards the wind energy sold by the petitioners WEG for the period from July 2020 to September 2021 as per their respective invoices along with interest at 1 percent per month for any delay in payments.

For petitioners : Mr. R. S. Pandiaraj (in all W.P.s') For Respondents : Mr. L.JaiVenkatesh Standing Counsel (in all W.P.s')

COMMON ORDER W.P.No.26191 of 2021 has been filed seeking issuance of a Writ of Mandamus, directing the 1st 2nd and 3rd Respondents to allow the Utility change to the petitioner by 15.07.2009 for their WEG Nos.039214391402 (Old No.1679) and execute fresh Energy Wheeling Agreement under 3rd party sale scheme as per common order of the Honourable High court of outstanding payment due to the petitioner towards the wind energy sold by the petitioners WEG No. 039214391402(Old No.1679 as per their respective invoices till the utility change is effected along with interest at 1 percent month for any delay in payments.

2. W.P.No.26192 of 2021 has been filed seeking issuance of a Writ of Mandamus,directing the 1st 2nd and 3rd Respondents to allow the Utility change to the petitioner by 27.03.2010 for their WEG Nos.059224760251 (Old No.T66) and execute fresh Energy Wheeling Agreement under Group Captive Scheme as per the Common order of the Honourable High court of outstanding payment of Rs.1 87 60 316/- to the petitioners towards the wind energy sold by the petitioner for the period from July 2020 to September 2021 as per their respective invoices along with interest at 1 percent month for any delay in payments.

3. W.P.No.26193 of 2021 has been filed seeking issuance of a Writ of Mandamus,directing the 1st 2nd and 3rd Respondents to allow the Utility change to the petitioner by 8.3.2020 and execute fresh Energy Wheeling Agreement for their own Captive Consumption of the energy generated in petitioners WF HTSC No.039224391657 (Old No.971) as per the Common order of the Honourable High court of Judicature at Madras dated 30.8.2019 which was upheld by the Honourable Division Bench dated 18.2.2020 and also by the Honourable Supreme court of India dated 24.9.2020 and consequently make payment of Rs.31 22 836/- towards the wind energy sold by the petitioners WEG for the period from July 2020 to September 2021 as per their

respective invoices along with interest at 1 percent month for any delay in payments.

4. Heard Mr.R.S.Pandiyaraj, learned Counsel appearing for the petitioners and Mr.L.Jai Venkatesh, learned Standing Counsel appearing on behalf of the respondents.

5. The issue involved that has been raised in the present Writ Petitions 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.

6. 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.

7. In view of the above, these Writ Petitions are allowed with the following directions:

(a) The respondents/TANGEDCO are directed to permit to petitioners to switch over to captive consumption/group captive consumption/third party sale, as the case may be, as per the request made by the petitioners.

(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 four months from the date of receipt of a copy of this order.

8. 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.

9.The Writ Petitions are allowed accordingly. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rli

To 5 The Superintending Engineer, TANGEDCO Udumalpet Electricity Distribution circle, Udumalpet.

+3cc's to Mr.R.S.Pandiyaraj, Advocate SR.No.65654 W.P.Nos.26191, 26192 & 26193 of 2021 KSM(CO) GN(10/01/2022)