G.Kalpana Wind Mill v. Tamil Nadu Generation And Distribution Corporation Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 01.02.2022
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. NO.25662 OF 2021 AND W.M.P. Nos.27095 & 27097 OF 2021 G.Kalpana Wind Mill, WEG Nos.07921472142, 98/315-A, PKSA Arumugam Road, Sivakasi-626 189, Rep. By its Authorised Signatory K. Padamanabhan ... Petitioner - Vs -
1. The Tamil Nadu Generation & Distribution Corporation TANGEDCO, 10th Floor Eastern Wing, N.P.K.R.R. Maligai 144, Anna Salai, Chennai 600 002 rep. by its Chairman & Managing Director
2. The Chief Engineer Non-Conventional Energy Sources (NCES) TANGEDCO, 2nd Floor, Eastern Wing 144, Anna Salai, Chennai 600 002.
3. The Superintending Engineer TANGEDCO Tirunelveli Electricity Distribution Circle, Tirunelveli.
4. Tamil Nadu Electricity Regulatory Commission 6th Floor, SIDCO Corporate Office Building Thiru. Vi. Ka. Industrial Estate Guindy, Chennai 600 032 through its Secretary.
... Respondents
Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of mandamus directing the 2nd Respondent to grant long term intra state open access approval to the petitioners Wind Energy Generators WF.HT SC.Nos. 07921472142 on the petitioners application dated 14.6.2021 to the 2nd respondent and consequently direct the 3rd respondent to execute fresh Energy Wheeling Agreement for the petitioners Wind Energy Generator Nos. 07921472142 under group captive scheme as per the Wind Trariff order issued by the 4th respondent TNERC and consequently account for all the generated units from 1/2019 of the petitioner WEGs NOs. 07921472142 and make payment for such unit at the appropriate tariff fixed by the 4th respondent. For Petitioners: Mr. R.S.Pandiyaraj For Respondents: Mr. Jai Venkatesh Standing Counsel
ORDER
The present petition has been filed for a direction to the respondents to strictly adhere to the terms of the Energy Wheeling agreement by continuing to adopt the arrangement of captive adjustment of wind energy generated by the petitioner.
2. When the matter is taken up for hearing, learned counsel appearing for the petitioner to the notice of this Court that vide order dated 27.01.2022 in W.P. No.16104/2021, etc. Batch, this Court had disposed of the petitions filed by the petitioners with a direction to strictly adhere to the terms of the subsisting Energy Wheeling Agreement entered into between the respective petitioners therein and TANGEDCO by continuing to adopt the arrangement of captive adjustment of wind energy generated and to consequently account for all the generated units and to provide banking facility and adjustment of all such units till date as per the orders passed by APTEL in Appeal No.191/2018, etc., Batch, dated 28.1.2021 and pass orders in consonance with the orders passed by APTEL and, therefore, it is submitted that similar order may be passed in this petition as well.
3. Learned Standing Counsel appearing for the respondents fairly concedes with the said submission.
4. This Court, vide order dated 27.01.2022 in W.P. No.16104/2021, etc. Batch, while considering identical issue,
disposed of the petitions strictly adhere to the terms of the subsisting Energy Wheeling Agreement entered into between the respective petitioners and TANGEDCO by continuing to adopt the arrangement of captive adjustment of wind energy generated and to consequently account for all the generated units and to provide banking facility and adjustment of all such units till date as per the orders passed by APTEL in Appeal No.191/2018, etc., Batch, dated 28.1.2021 and pass orders in consonance with the orders passed by APTEL. The present petition, being on identical set of facts and circumstances, the order passed in W.P. No.16104/2021, etc. Batch, is squarely attracted and, therefore, similar directions need to be given in this petition as well.
5. Accordingly, the writ petition is disposed in terms with the order passed in W.P. No.16104/21 dated 27.01.2022 and the respondents are directed to give all the benefits to the petitioner herein, as has been provided in the aforesaid order. Consequently, connected miscellaneous petitions are closed. However, in the circumstances of the case, there shall be no order as to costs.
Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar rli To
1. The Chairman & Managing Director The Tamil Nadu Generation & Distribution Corporation TANGEDCO, 10th Floor Eastern Wing, N.P.K.R.R. Maligai 144, Anna Salai, Chennai 600 002
2. The Chief Engineer Non-Conventional Energy Sources (NCES) TANGEDCO, 2nd Floor, Eastern Wing 144, Anna Salai, Chennai 600 002.
3. The Superintending Engineer TANGEDCO Tirunelveli Electricity Distribution Circle, Tirunelveli.
4. Tamil Nadu Electricity Regulatory Commission 6th Floor, SIDCO Corporate Office Building Thiru. Vi. Ka. Industrial Estate Guindy, Chennai 600 032 through its Secretary.
W.P. NO.25662 OF 2021 KG(CO) CB(05/04/2022)