Madras High Court
M/S.S.B.Textile Mills vs Tamil Nadu Generation And ... on 20 April, 2021
W.P.No.4989 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2021
CORAM
THE HON'BLE MR.JUSTICE D. KRISHNAKUMAR
W.P.No. 4989 of 2018
and WMP.No. 6172 to 6174 of 2018
M/s.S.B.Textile Mills
WF.HT.SC No.2613, 2614 &2615,
5/114, Main Road,
Karuvalur -641670
Avinashi (TK), Tirupur
represented by its
Authorised Signatory S.Kamal Prasath ..Petitioner
Vs
1. Tamil Nadu Generation and Distribution
Corporation Limited (TANGEDCO)
10th Floor, 144, Anna Salai,
Chennai -600002
Represented by its Chairman-cum-
Managing Director.
2. The Chief Engineer, NCES,
TANGEDCO
2nd Floor,
144, Anna Salai,
Chennai -600002
3. The Superintending Engineer,
TANGEDCO
Tirunelveli Electricity Distribution Circle
Tiruneleveli.
1/6
https://www.mhc.tn.gov.in/judis/
W.P.No.4989 of 2018
4. Tamilnadu Electricity Regulatory Commission,
19-A,Rukumini Lakshmipathy Salai,
Egmore, Chennai-600008.
Represented by its Secretary. .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying
to issue a Writ of Certiorarified Mandamus calling for the records relating to the
issuance of the impugned proceedings in (CMD) No.266 on 20.05.2017 of the 1st
respondent and quash the same as not maintainable by law as well as on facts and
direct the 1st 2nd and 3rd respondents to strictly comply with the provisions of the
Constitution of India as enshrined under Article 300A and confine the respondents
within the statutory provisions of Electricity Act 2003 in the matter of allowing the
Utility Changes from converting the existing Energy Purchase Agreement to
Energy Wheeling Agreement and consequently direct the respondents to allow the
captive consumption of the windmill generated units from the petitioner windmill
bearing WEG HTSC No.261 at Tiruppur EDC.
For Petitioner : M/s. R.S.Pandiyaraj
For Respondents : Mr.Vijay Mehanath, Standing Counsel
for TNEB
ORDER
Heard Mr. R.S.Pandiyaraj, learned Counsel appearing for the petitioner and
Mr.Vijay Mehanath, learned Standing Counsel appearing for the respondents and
perused the documents available on record.
https://www.mhc.tn.gov.in/judis/
W.P.No.4989 of 2018
2. The issue involved in the present writ petition is for direction against the
1st and 2nd respondents, to convert the existing EPA dated 14.09.2017 executed for
the arrangement of Sale of Board, in to an EWA for the arrangement of the Captive
Consumption of the wind energy of the windmill having WEG HTSC No.2613,
2614 and2615 of Tirunelveli EDC at the spinning mill of the petitioner in the
HTSC No.214 at the Tirupur Electricity Distribution Circle.
3. The learned counsel for the writ petitioner submitted that earlier, for the
similar prayer, a batch of writ petitions have been filed before this Court in
W.P.Nos. 5196, 11725, 8459 & 8463 of 2019 and 6694 & 1275 of 2018. This
Court by common order dated 30.08.2019 allowed the writ petitions and granted
relief to the petitioners. Challenging the same, the respondent/TANGEDCO
preferred appeal before this Court in W.A.Nos. 4189 of 2019 etc batch and the
same was dismissed by the First Bench of this Court by judgment dated
18.02.2020, confirming the order passed in the writ petitions. 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, confirming the order
passed by this Court in Writ Petitions and Writ Appeal.
https://www.mhc.tn.gov.in/judis/
W.P.No.4989 of 2018
4. In view of the above, the present writ petition deserves to be allowed
with the following directions;
i. the respondent/TANGEDCO are directed to permit the petitioners to switch
over to captive consumption, so as to use the same for their own industry.
ii. the respondent/TANGEDCO are directed to settle the respective dues to the
petitioner as per their respective invoices raised by them, along with interest
as pr Clause 6(b), within a period of two months from the date of receipt of
a copy of this order.
iii. Consequently, in view of permitting the petitioners to migrate from EPA to
EWA, the proceedings dated 20.05.2017 issued by the 1st respondent
deciding not to concede any request for migration is set aside.
In fine, with the above directions, the writ petition stands allowed. No costs.
Consequently, connected miscellaneous petitions are closed.
20.04.2021
Index : Yes/No
Internet : yes
ak
Note : Registry is directed to issue
a copy of this Order on 27.04.2021
https://www.mhc.tn.gov.in/judis/
W.P.No.4989 of 2018
To
1. The Chairman-cum- Managing Director.
Tamil Nadu Generation and Distribution
Corporation Limited (TANGEDCO)
10th Floor, 144, Anna Salai,
Chennai -600002
2. The Chief Engineer, NCES,
TANGEDCO
2nd Floor,144, Anna Salai,
Chennai -600002
3. The Superintending Engineer,
TANGEDCO
Tirunelveli Electricity Distribution Circle
Tiruneleveli.
4. The Secretary.
Tamilnadu Electricity Regulatory Commission,
19-A,Rukumini Lakshmipathy Salai,
Egmore, Chennai-600008.
https://www.mhc.tn.gov.in/judis/
W.P.No.4989 of 2018
D. KRISHNAKUMAR, J
ak
W.P.No. 4989 of 2018
and
WMP.No. 6172 to 6174 of 2018
20.04.2021
https://www.mhc.tn.gov.in/judis/
