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Madras High CourtWP/25630/2023disposed of

M/S.Bhoopalam Ramachandra Chetty And Sons, v. Tamilnadu Generation And Distribution Corporation Ltd., (Tangedco)

2023-08-31Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.08.2023 CORAM: JUSTICE N.SESHASAYEE WP.No.25630 of 2023 M/s.Bhoopalam Ramachandra Chetty & Sons, Rep. by its Partner, Mr.B.R.Rajasekaran 11, Mundy Street, Vellore - 632 004.

...Petitioner

-Vs1.Tamil Nadu 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 Director Finance, Tamil Nadu Generation and Distribution Corporation Ltd, (TANGEDCO), 7th Floor, 144, Anna Salai, Chennai - 600 002.

4.The Superintending Engineer, Palladam Electricity Distribution Circle, Tamil Nadu Generation and Distribution, Corporation Ltd., Palladam.

...Respondents

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Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 1st, 2nd and 3rd Respondents to allow the Utility Change/Migration of the WEG of the Petitioner in WEG HTSC No.039204390677 by executing a fresh Energy Wheeling Agreement (EWA) for 3rd Party Sale to the consumer Tmty.S.AnishaSelvam having HT Service Connection No.089094121360 of Vellore Electricity Distribution Circle under preferential tariff, in accordance with the Common Order of this Hon'ble High Court dated 30.08.2019, which was upheld by the Hon'ble Division Bench by its order dated 18.02.2020 and also by the Hon'ble Supreme Court of India by its order dated 24.09.2020.

For Petitioner : Mr.S.P.Parthasarathy, for Mr.P.Premkumar For Respondents : Mr.D.R.Arunkumar, Standing Counsel for TANGEDCO

ORDER

This Writ Petition has been filed for a Writ of Mandamus directing the 1st, 2nd and 3rd Respondents to allow the Utility Change/Migration of the WEG of the Petitioner in WEG HTSC No.039204390677 by executing a fresh Energy Wheeling Agreement (EWA) for 3rd Party Sale to the consumer Tmty.S.AnishaSelvam having HT Service Connection No.089094121360 of Vellore Electricity Distribution Circle under preferential tariff.

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2.Mr.D.R.Arun Kumar, learned Standing Counsel for TANGEDCO takes notice for the respondents.

3.The second respondent is now required to take a call on the representation of the petitioner for migration vis-a-vis the consumption of the energy to be generated within a period of six (6) weeks, if the papers are otherwise in order. If the second respondent contemplates any rejection of the request, it is directed that he shall give a personal audience to the petitioner's representation and shall decide the issue through a detailed speaking order.

4.The Writ Petition is disposed of accordingly. No costs. 31.08.2023 Index : Yes/No Internet : Yes/No Tsg 3/4

N.SESHASAYEE, J., Tsg To 1.Tamil Nadu 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 Director Finance, Tamil Nadu Generation and Distribution Corporation Ltd, (TANGEDCO), 7th Floor, 144, Anna Salai, Chennai - 600 002.

4.The Superintending Engineer, Palladam Electricity Distribution Circle, Tamil Nadu Generation and Distribution, Corporation Ltd., Palladam.

Order made in 31.08.2023 4/4