Madras High Court
M/S.Arn Green Power Llp vs Tamil Nadu Generation And ... on 13 December, 2021
W.P.Nos.26385, 26391, 26394 and 26398 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.12.2021
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
W.P.Nos.26385, 26391, 26394 and 26398 of 2021
M/s.ARN Green Power LLP,
WEG No.079224723296
No.15, Marapalam Road, III Cross,
Opp. Rathna Gas Godown,
KAS Nagar, Karungalpalayam,
Erode – 638 003,
rep. by its Partner,
K.Syed Mustafa ... Petitioner in W.P.No.26385 of 2021
M/s.ALSHIFA Renew Energy Pvt. Ltd.,
WEG No.079224723100
No.93, Janagiammal Layout,
Karungalpalayam,
Erode – 638 003,
rep. by its Director,
Haseena Banu, H. ... Petitioner in W.P.No.26391 of 2021
M/s.ARRAHMAN Wind Energy Pvt. Ltd.,
WEG No.079224722798
No.45, Janakiammal Layout,
First Floor, Erode – 638 003,
rep. by its Director,
S.Mohammed Meera ... Petitioner in W.P.No.26394 of 2021
Page No.1 of 8
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W.P.Nos.26385, 26391, 26394 and 26398 of 2021
Venkatrama Poultries Pvt. Ltd.,
5-87-39/1, Main Road,
Lakshmipuram,
Guntur – 522 007
rep. by its Authorized Signatory,
Paruchuri Venkata Rao ... Petitioner in W.P.No.26398 of 2021
vs.
Tamil Nadu Generation and Distribution
Corporation Ltd. (TANGEDCO),
10th Floor, 144, Anna Salai,
Chennai 600 002
rep. by its Chairman
cum Managing Director. ... 1st Respondent in all W.Ps.
The Chief Engineer, NCES,
TANGEDCO, 2nd Floor,
144, Anna Salai,
Chennai 600 002. ...2nd Respondent in all W.Ps.
The Superintending Engineer,
TANGEDCO,
Tirunelveli Electricity Distribution Circle,
Tirunelveli. ... 3rd Respondent in W.P.Nos.26385, 26391 & 26394/2021
The Superintending Engineer,
TANGEDCO,
Palladam Electricity Distribution Circle,
Palladam. ... 3rd Respondent in W.P.No.26398 of 2021
Tamil Nadu Electricity Regulatory Commission,
19-A, Rukumani Lakshmipathy Salai,
Egmore, Chennai 600 008,
represented by its Secretary. ... 4th Respondent in all W.Ps.
https://www.mhc.tn.gov.in/judis
W.P.Nos.26385, 26391, 26394 and 26398 of 2021
The Director – Finance,
Tamil Nadu Generation and Distribution
Corporation Limited,
144, Anna Salai, Chennai 600 002.
...5th Respondent in W.P.Nos.26385, 26391 & 26394 of 2021
Writ Petition No.26385 of 2021 filed under Article 226 of the
Constitution of India praying for the issuance of a Writ of Mandamus,
directing the 1st, 2nd and 3rd Respondents to allow the Utility Change to the
Petitioner by terminating the existing Energy Purchase Agreements dated
01.08.2019 for their WEG No.079224723296 and execute fresh Energy
Wheeling Agreement under Group Captive Scheme as per the common order
of this Court, dated 30.08.2019 which was upheld by the Division Bench
dated 18.02.2020 and also by the Hon'ble Supreme Court of India, dated
24.09.2020 and make payment of the outstanding dues payable to the
Petitioner towards the wind energy sold by the Petitioner till the date of
termination of the EPA dated 01.08.2019 as per their respective invoices
along with interest at 1% per month for any delay in payments.
Writ Petition No.26391 of 2021 filed under Article 226 of the
Constitution of India praying for the issuance of a Writ of Mandamus,
directing the 1st, 2nd and 3rd Respondents to allow the Utility Change to the
Petitioner by terminating the existing Energy Purchase Agreements dated
06.07.2018 for their WEG No.079224723100 and execute fresh Energy
Wheeling Agreement under Group Captive Scheme as per the common order
of this Court, dated 30.08.2019 which was upheld by the Division Bench
dated 18.02.2020 and also by the Hon'ble Supreme Court of India, dated
24.09.2020 and make payment of the outstanding dues payable to the
Petitioner towards the wind energy sold by the Petitioner till the date of
termination of the EPA dated 06.07.2018 as per their respective invoices
along with interest at 1% per month for any delay in payments.
Writ Petition No.26394 of 2021 filed under Article 226 of the
Constitution of India praying for the issuance of a Writ of Mandamus,
directing the 1st, 2nd and 3rd Respondents to allow the Utility Change to the
Petitioner by terminating the existing Energy Purchase Agreements dated
04.05.2018 for their WEG No.079224722798 and execute fresh Energy
https://www.mhc.tn.gov.in/judis
W.P.Nos.26385, 26391, 26394 and 26398 of 2021
Wheeling Agreement under Group Captive Scheme as per the common order
of this Court, dated 30.08.2019 which was upheld by the Division Bench
dated 18.02.2020 and also by the Hon'ble Supreme Court of India, dated
24.09.2020 and make payment of the outstanding dues payable to the
Petitioner towards the wind energy sold by the Petitioner till the date of
termination of the EPA dated 04.05.2018 as per their respective invoices
along with interest at 1% per month for any delay in payments.
Writ Petition No.26398 of 2021 filed under Article 226 of the
Constitution of India praying for the issuance of a Writ of Mandamus,
directing the 1st, 2nd and 3rd Respondents to allow the Utility Change to the
Petitioner by terminating the existing Energy Purchase Agreements dated
30.07.2020 for their WEG Nos.039224391527, 039224391566,
039224391504, 039224391503 and 039224391631 and execute fresh
Energy Wheeling Agreement under Group Captive Scheme as per the
common order of this Court, dated 30.08.2019 which was upheld by the
Division Bench dated 18.02.2020 and also by the Hon'ble Supreme Court of
India, dated 24.09.2020 and make outstanding payment to the Petitioner
towards the wind energy sold by the Petitioner for the period from January
2020 till date as per the their respective invoices along with interest at 1% per
month for any delay in payments.
For Petitioner in all W.Ps : Mr.R.S.Pandiyaraj
For Respondents in all W.Ps. : Mr.Abul Kalam,
Standing Counsel
COMMONORDER
As the issue involved in all these Writ Petitions is one and the same,
cases are taken up for disposal by a common order.
2. Petitioners have come up with the above Writ Petitions seeking a
direction to the 1st, 2nd and 3rd Respondents to allow Utility Change to them
https://www.mhc.tn.gov.in/judis
W.P.Nos.26385, 26391, 26394 and 26398 of 2021
by terminating the existing Energy Purchase Agreements and execute fresh
Energy Wheeling Agreement under Group Captive Scheme as per the
common order of this Court, dated 30.08.2019, which was upheld by the
Division Bench by a judgment dated 18.02.2020 and also by the Hon'ble
Supreme Court of India by an order dated 24.09.2020 and make outstanding
payment to them towards the wind energy sold by them as per their respective
invoices along with interest at 1% per month for any delay in payments.
3. Heard the learned counsel on either side and perused the material
documents available on record.
4. The issue involved in the present Writ Petition is covered by an
earlier order dated 30.08.2019 passed by this Court in a batch of Writ
Petitions in W.P.Nos.5196, 11725, 8459 and 8463 of 2019 and
W.P.Nos.6694 and 1275 of 2018 and the said order was subsequently
confirmed by the First Bench of this Court in W.A.Nos.4189, 4194, 4197,
4201, 4204 and 4205 of 2019, by a judgment dated 18.02.2020. The said
judgment was also confirmed by the Hon'ble Supreme Court by an order
dated 24.09.2020, dismissing the Special Leave Petition filed by
TANGEDCO.
https://www.mhc.tn.gov.in/judis
W.P.Nos.26385, 26391, 26394 and 26398 of 2021
5. In view of the above, Respondents/TANGEDCO are directed to
permit the Petitioners to switch over to captive consumption/group captive
consumption/third party sale, as the case may be, as per the request made by
them. Respondents/TANGEDCO are further directed to settle the respective
dues to the Petitioners as per the respective invoices raised by them, along
with interest as per clause 6(b) of the Agreement, within a period of four
months from the date of receipt of a copy of this order.
Writ Petitions are disposed of accordingly. No costs.
13.12.2021
Index : Yes/No
Speaking Order : Yes/No
(aeb)
https://www.mhc.tn.gov.in/judis
W.P.Nos.26385, 26391, 26394 and 26398 of 2021
To:
1. The Chairman cum Managing Director,
Tamil Nadu Generation and Distribution
Corporation Ltd. (TANGEDCO),
10th Floor, 144, Anna Salai,
Chennai 600 002.
2. The Chief Engineer, NCES, TANGEDCO,
2nd Floor, 144, Anna Salai,
Chennai 600 002.
3. The Superintending Engineer,
TANGEDCO,
Tirunelveli Electricity Distribution Circle,
Tirunelveli.
4. The Superintending Engineer,
TANGEDCO,
Palladam Electricity Distribution Circle,
Palladam.
5. The Secretary,
Tamil Nadu Electricity Regulatory Commission,
19-A, Rukumani Lakshmipathy Salai,
Egmore,
Chennai 600 008,
6. The Director – Finance,
Tamil Nadu Generation and Distribution
Corporation Limited,
144, Anna Salai,
Chennai 600 002.
https://www.mhc.tn.gov.in/judis
W.P.Nos.26385, 26391, 26394 and 26398 of 2021
M.DHANDAPANI,J.
(aeb)
Common Order in
W.P.Nos.26385, 26391, 26394
and 26398 of 2021
13.12.2021
https://www.mhc.tn.gov.in/judis
