Sheela Clinic v. Tamilnadu Generation And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:06.12.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.25848 of 2021 Sheela Clinic, No.117, (Old No.46) East Power house Road, Coimbatore-641012, rep by its Partner B.P.Ganapathi ... Petitioner -V1. Tamilnadu Generation and Distribution Corporation Ltd, (TANGEDCO), 10th Floor, 144, Anna Salai, Chennai-600 002, Representation 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, Coimbatore electricity Distribution Circle, Coimbatore.
4. Tamilnadu Electricity Regulatory Commission 19-A, RukuminiLakshmipathy Salai, Egmore, Chennai-600 008.
Rep by its Secretary ... Respondents PRAYER: 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 Agreement dated 30.09.2011 for their WEG No.039304320296 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 the outstanding payment of Rs.48,25,293/- to the petitioner towards the wind energy sold by the petitioner for a period from June/2020 to July/2021 as per their respective invoices along with interest at 1% per month for any delay in payments.
For petitioner :
Mr. R. S. Pandiaraj For Respondents :
Mr. L. Jaivenkatesh Standing Counsel
ORDER
The petitioner has filed this Writ petition seeking 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 Agreement dated 30.09.2011 for their WEG No.039304320296 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 the outstanding payment of Rs.48,25,293/- to the petitioner towards the wind energy sold by the petitioner for a period from June/2020 to July/2021 as per their respective invoices along with interest at 1% per month for any delay in payments.
2. Heard Mr.R.S.Pandiyaraj, learned Counsel appearing for the petitioner and Mr. L. Jaivenkatesh, learned Standing Counsel appearing on behalf of the respondents.
3. 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.
4. 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.
5. 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 responents/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 four 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.
6. The Writ Petition is allowed accordingly. No costs. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar NHS To:
1. The Chairman Cum Managing Director, Tamilnadu Generation and Distribution Corporation Ltd, (TANGEDCO), 10th Floor, 144, Anna Salai, Chennai-600 002, The Chairman Cum Managing Director
2. The Chief Engineer, NCES, TANGEDCO, 2nd Floor, 144, Anna Salai, Chennai-600 002
3. The Superintending Engineer, TANGEDCO, Coimbatore electricity Distribution Circle, Coimbatore.
4. The Secretary, Tamilnadu Electricity Regulatory Commission, 19-A, RukuminiLakshmipathy Salai, Egmore, Chennai-600 008.
+1cc to M/s.R.S.Pandiaraj, Advocate, S.R.No.64643 W.P.No.25848 of 2021 KSM(CO) SU(11/01/2022)