Shree Sanghvi Mills (P) Limited v. The Tamil Nadu Generation And Distribution Corporation Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2023
CORAM
MR.JUSTICE N.SESHASAYEE and W.M.P.No.27065 of 2023 Shree Sanghvi Mills (P) Ltd.
No.705/3, Poolam Village Moondradaippu 627 152 Repd. by its Authorised Signatory Mr.S.Babu ... Petitioner Vs.
1.The Tamil Nadu Generation and Distribution Corporation Ltd.
TANGEDCO 10th Floor, Eastern Wing N.P.K.R.R. Maligai 144, Anna Salai Chennai 600 002 Represented 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 1/4
4.Tamil Nadu Electricity Regulatory Commission 6th Floor SIDCO Corporate Office Building Thiru.Vi.Ka.Industrial Estate Guindy, Chennai 600 026 Represented by its Secretary ... Respondents PRAYER: The writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to grant long term intra state open access approval to the petitioner's Wind Energy WF.HT.SC.Nos.079204720590 on the petitioner's application dated 22.06.2023 and extend the Energy Wheeling Agreements dated 01.09.2020 from 20 years to 25 years from the date of commissioning of the petitioner's WEG Nos.079204720590 as per the 2nd respondent's own memo dated 15.09.2021 and further direction to the 3rd respondent to give adjustment of wind energy generated from the petitioner Wind Mills from 09/2023 onwards against petitioner's third party users under long term open access consumer. For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.D.R.Arunkumar Standing Counsel
ORDER
The petitioner has been selling wind energy to third parties through open access. According to the petitioner, no energy which the petitioner is generating has been banned by the TANGEDCO. It is in these circumstances he submits in terms of 2/4
the circular dated 15.09.2021, issued by the Chief Engineer, he seeks extension of his wheeling agreement by another five years and has made an application to that effect on 22.06.2023.
2.Mr.D.R.Arunkumar, the learned standing counsel has taken notice for the respondents.
3.This Court now directs the 2nd respondent to consider the representation of the petitioner at the very earliest in order to facilitate him to wheel the energy without any disruption from 01.10.2023, provided if his requests meet all other criteria prescribed other than the range of the wind mill. 4.The writ petition stands disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed.
22.09.2023 kas Note: Issue order copy today 3/4
N.SESHASAYEE, J.
kas To 1.The Chairman & Managing Director The Tamil Nadu Generation and Distribution Corporation Ltd.
TANGEDCO10th 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.The Secretary Tamil Nadu Electricity Regulatory Commission 6th Floor SIDCO Corporate Office Building Thiru.Vi.Ka.Industrial Estate Guindy, Chennai 600 026 and W.M.P.No.27065 of 2023 22.09.2023 4/4