Ksarmangal Synthetics (Pvt) Limited v. Tamil Nadu Electricity Regulatory Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-08-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND WMP NO. 35488 OF 2025
1. Sarmangal Synthetics (pvt) Limited 136/2, S.Metutpalayam Post, Kovilpalayam (via) Polalchi-642 110 Rep. By Its Authorized Signatory M.Muruganandam Petitioner(s) Vs
1. Tamil Nadu Electricity Regulatory Commission 4th Floor, Sidco Building, Thiru.Vi.Ka Industrial Estate, Guindy, Chennai-600 032.
2.Chairman And Managing Director Tamil Nadu Power Distribution Corporation Limited, 144 Anna Salai, Chennai-600 002.
3.The Chief Engineer NCES Tamil Nadu Green Energy Corporation Ltd (tngecl) 2nd Floor, 144 Anna Salai, Chennai600 002.
4.The Superintending Engineer
Tnpdcl, Coimbatore Electricity Distribution Circle / South Coimbatore -641 012.
5.The Superintending Engineer Tnpdcl, Palladam Electricity Distribution Circle, Palladam-641 664.
Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus directing the 3rd to 5th respondents to give adjustment of the banked wind energy of 655602 units available in the petitioners banking account and the same may be allowed for adjustment in the ensuing monthly current consumption bills as per clause 5 and 6 of the Energy Wheeling Agreement dated 23.03.2010 up to 31.03.2026.
For Petitioner(s): Mr. R.S. Pandiyaraj For Respondent(s):
Mr.D.R.Arun Kumar Standing Counsel Takes Notice For Rr1to 5
ORDER
This writ petition has been filed for the issue of writ of Mandamus directing the respondents 3 to 5 to adjust the banked wind energy of 655602 units available in the petitioners banking account and to adjust the same in the ensuing monthly current
consumption bills as per clause 5 and 6 of the Energy Wheeling agreement dated 23.03.2010.
2.
Heard Mr.R.S.Pandiyaraj, learned counsel for the petitioner and Mr.D.R.Arun Kumar, learned Standing counsel for respondents 1 to 5.
3.
The learned counsel appearing on behalf of the petitioner heavily relied upon the earlier order passed in WP No.19552 of 2020 dated 03.01.2025. The learned counsel further submitted that the petitioner had made several representations to the respondents 4 and 5 to allow the petitioner to allow the banked wind energy for its captive adjustment in the current consumption bills of the petitioner and the same was not acted upon. The petitioner was also seeking for clarification in this regard and it was not forthcoming. In the meantime, the 4th respondent was insisting that the petitioner must pay the monthly current consumption bill without effecting captive adjustment of the banked wind energy. It is under these circumstances, the present writ petition has been filed before this Court.
4.
The learned Standing counsel appearing on behalf of the respondents submitted that the petitioner is only entitled for the refund of the amount and they cannot seek for adjustment. The other contention raised on the side of the respondents is that the petitioner will be entitled only for 75% of the payment to be made to the petitioner.
5.
This Court has carefully considered the submissions made on either side and the materials available on record. 6.
It is an admitted case that the banked energy which the petitioner had generated stands to the credit of the petitioner at the time of transfer of its Wind energy. In view of the same, the petitioner is entitled to use the banked energy available to their credit. Towards the same, what is available is nearly 655602 units. Instead of directing the respondents to pay this amount, it can always be adjusted towards the current consumption bills. The effect will be the same. Hence, there shall be a direction to the respondents 3 to 5 to adjust the banked wind energy of 655602 units available in the banking account of the petitioner towards the monthly current
consumption bills raised from the month of September 2024 up to March 2026.
7.
This writ petition is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is closed.
26-08-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.Tamil Nadu Electricity Regulatory Commission 4th Floor, Sidco Building, Thiru.Vi.Ka Industrial Estate, Guindy, Chennai-600 032.
2.Chairman And Managing Director Tamil Nadu Power Distribution Corporation Limited, 144 Anna Salai, Chennai-600 002.
3.The Chief Engineer Nces Tamil Nadu Green Energy Corporation Ltd (tngecl) 2nd Floor, 144 Anna Salai, Chennai600 002.
4.The Superintending Engineer Tnpdcl, Coimbatore Electricity Distribution Circle / South Coimbatore -641 012.
5.The Superintending Engineer Tnpdcl, Palladam Electricity Distribution Circle, Palladam-641 664.
N.ANAND VENKATESH J.
rka WP No. 31692 of WMP NO. 35488 OF 26-08-2025