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Madras High CourtWP/25029/2017withdrawn dismissed

M/S.Welspun Renewables Energy v. Tamil Nadu Generation And

2018-12-05Honourable Mr Justice K. Ravichandrabaabu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2018

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.Nos.25029, 25030, 25031, 25032 & 25033 of 2017 and W.M.P.Nos.26419, 26420, 26421, 26422, 26423, 26424, 26425, 26427, 26428 & 26429 of 2017 M/s Welspun Renewable Energy Pvt. Ltd.

Rep by its Authorised Signatory 7th Floor, Welspun House, Kamal City, Senapati Bapat Marg, Lower Parel (West), Mumbai - 400013 ...Petitioner in all W.Ps vs.

1. Tamil Nadu Generation And Distribution Corporation Limited (TANGEDCO), Rep by its Chairman, No.144, Anna Salai, Chennai - 600 002.

2. Tamil Nadu State Load Despatch Centre, Rep by its Superintending Engineer, 144, Anna Salai, Chennai - 600 002.

3. Tamil Nadu Transmission Corporation Limited (TANTRANSCO) Rep by its Chairman, 144, Anna Salai, Chennai - 600 002.

4. Ministry of New and Renewable Energy Rep by its Secretary Block- 14, CGO Complex, Lodhi Road, New Delhi - 110 003, India.

5. Tamil Nadu Electricity Regulatory Commission Rep by its Secretary No 19-A, Rukmini Lakshmipathy Salai (Marshalls road), Egmore, Chennai - 600 008. ...Respondents in all W.Ps

Writ Petition No.25029 of 2017 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first to third respondents their men, agents, servants or any one acting for them or on their behalf not to issue any back down instructions to the petitioner and evacuate the entire power generated by the petitioner's Solar Power Plant of 50 MW capacity at Veeryampalayam village, in terms of the Energy Purchase Agreement dated 30.04.2015 in compliance with the 'must run' status granted to the Petitioner's Solar Power Plants.

Writ Petition No.25030 of 2017 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first to third respondents their men, agents, servants or any one acting for them or on their behalf not to issue any back down instructions to the petitioner and evacuate the entire power generated by the petitioner's Solar Power Plant of 50 MW capacity at Vayalur & Karupathur villages in Krishnarayapuram Taluk, Karur District in terms of the Energy Purchase Agreement dated 29.01.2016 in compliance with the 'must run' status granted to the Petitioner's Solar Power Plants. Writ Petition No.

25031 of 2017 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first to third respondents their men, agents, servants or any one acting for them or on their behalf not to issue any back down instructions to the petitioner and evacuate the entire power generated by the petitioner's Solar Power Plant of 49 MW (34+15 MW) capacity at Pranchery village, Tirunelveli District, in terms of the Energy Purchase Agreements dated 04.07.2015 and 28.01.2016 in compliance with the 'must run' status granted to the Petitioner's Solar Power Plants. Writ Petition filed No.

25032 of 2017 under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first to third respondents their men, agents, servants or any one acting for them or on their behalf not to issue any back down instructions to the petitioner and evacuate the entire power generated by the petitioner's Solar Power Plant of 50 MW capacity at Ponnusangampatti village, Trichy District in terms of the Energy Purchase Agreement dated 03.03.2015 in compliance with the MUST RUN status granted to the Petitioner's Solar Power Plants.

Writ Petition No.25033 of 2017 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first to third respondents their men, agents, servants or any one acting for them or on their behalf not to issue any back down instructions to the petitioner and evacuate the entire power generated by the petitioner's Solar Power Plant

of 50 MW capacity at Mavilaipatti & Thulinatham village, Trichy District in terms of the Energy Purchase Agreement dated 02.03.2015 in compliance with the MUST RUN status granted to the Petitioner's Solar Power Plants.

For Petitioner :

Mr.Prashaanth.B For Respondents:

Mr.S.K.Raameshwar Standing Counsel for R1 to 3 Mr.M.Venkata Krishnan for R5 C O M M O N O R D E R The learned counsel for the petitioner seeks permission of this Court to withdraw these writ petitions with liberty to approach the fifth respondent-Regulatory Commission. He has also circulated a letter to the Registry to that effect.

2. Accordingly, these Writ Petitions are dismissed as withdrawn, by granting liberty to the petitioner to approach the fifth respondent- Regulatory Commission.

No costs.

Consequently, connected miscellaneous petitions are closed. s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar sni/mk To

1. Chairman to Tamil Nadu Generation And Distribution Corporation Limited (TANGEDCO), No.144, Anna Salai, Chennai - 600 002.

2. Superintending Engineer to Tamil Nadu State Load Despatch Centre, 144, Anna Salai, Chennai - 600 002.

3. Chairman to Tamil Nadu Transmission Corporation Limited (TANTRANSCO) 144, Anna Salai, Chennai - 600 002.

4. Secretary to Ministry of New and Renewable Energy Block- 14, CGO Complex, Lodhi Road, New Delhi - 110 003, India.

5. Secretary to Tamil Nadu Electricity Regulatory Commission No 19-A, Rukmini Lakshmipathy Salai (Marshalls road), Egmore, Chennai - 600 008.

+1 CC to Mr.S.K.Raameshwar, Advocate sr 83367. +1 CC to Mr.Vinod Kumar, Advocate sr 83768.

W.P.Nos.25029, 25030, 25031, 25032 & 25033 of 2017 KAN(CO) SP(24/01/2019)