M/S.Premier Wind Farms Weg No. 2878 v. Tamilnadu Generation And Distribution
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.12.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.26130, 26132 & 26136 of 2021 W.P.No.26130 of 2021:
M/s.Premier Wind Farms WEG No. 2878 284/1B, Old Mahabalipuram Road, Kottivakkam Chennai 600096, Rep by its Manager N.Manickam.
...Petitioner
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, Tirunelveli electricity Distribution Circle Tirunelveli.
19-A RukuminiLakshmipathySalai Egmore, 5 DIRECTOR FINANCE, Tamil Nadu Generation and Distribution Corporation Limited, 144 Anna Salai,
...Respondents
terminating the existing Energy Purchase Agreements dated 15.04.2017 for their WEG Nos. 2878 and execute fresh Energy Wheeling Agreement under Group Captive Scheme as per the Common Order of the Honourable High Court of Judicature at Madras dated
30.08.2019 which was upheld by the Honourable Division Bench dated 18.02.2020 and also by the Honourable Supreme Court of India dated 24.09.2020 and make payment of the outstanding dues payable to the petitioner towards the wind energy sold by the petitioner till the date of the termination of the EPA dated 15.04.2017 as per their respective invoices along with interest at 1% per month for any delay in payments.
W.P.No.26132 of 2021:
SHEELA CLINIC No.117 (Old No.46) East Power House Road Coimbatore 641 012 repd by its Partner B.P.Ganapathi.
.....Petitioner 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 19-A RukuminiLakshmipathySalai, Egmore, .......Respondents 23.10.2017 for their WEG Nos. 039224392047 (old No.UGA 92) and outstanding payment of Rs.55 01 684/- to the petitioner towards
June/2020 to July 2021 as per their respective invoices along W.P.No.26136 of 2021:
MANI NAGGAPPA MOTORS MADURAI (P) LTD WF HTSC No.039234392144 (Old No. TZA42), No.10 Deputy Collector Colony Road KK Nagar Madurai, 20 Repd. by its Managing Director M.Somu.
.....Petitioner 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 19-A RukuminiLakshmipathySalai, Egmore, .......Respondents 28.09.2012 for their WEG Nos. 039234392144 (old No.TZA42) and outstanding payment of Rs.30 46 478/- to the petitioner towards March/2018 to till date as per their respective invoices along
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.26130 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 terminating the existing Energy Purchase Agreements dated 15.04.2017 for their WEG Nos. 2878 and execute fresh Energy Wheeling Agreement under Group Captive Scheme as per the Common Order of the Honourable High Court of Judicature at Madras dated 30.08.2019 which was upheld by the Honourable Division Bench dated 18.02.2020 and also by the Honourable Supreme Court of India dated 24.09.2020 and make payment of the outstanding dues payable to the petitioner towards the wind energy sold by the petitioner till the date of the termination of the EPA dated 15.04.2017 as per their respective invoices along with interest at 1% per month for any delay in payments.
2. W.P.No.26132 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 23.10.2017 for their WEG Nos. 039224392047 (old No.UGA 92) and outstanding payment of Rs.55 01 684/- to the petitioner towards June/2020 to July 2021 as per their respective invoices along
3. W.P.No.26136 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 28.09.2012 for their WEG Nos. 039234392144 (old No.TZA42) and
outstanding payment of Rs.30 46 478/- to the petitioner towards March/2018 to till date as per their respective invoices along
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. These Writ Petitions are allowed accordingly. No costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar
rli 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, Tirunelveli electricity Distribution Circle Tirunelveli. 4 The Secretary, Tamilnadu Electricity Regulatory Commission, 19-A RukuminiLakshmipathySalai Egmore, Chennai 600008.
5 THE DIRECTOR FINANCE, Tamil Nadu Generation and Distribution Corporation Limited, 144 Anna Salai,
6. THE SUPERINTENDING ENGINEER, +3ccs to Mr.R.S.Pandiaraj, Advocate, S.R.No.65656 W.P.Nos.26130, 26132 & 26136 of 2021 CA[co] NSK 20/01/2022