Madras High Court
Win Power Engineering Pvt. Ltd vs 5 Tamilnadu Electricity ... on 1 July, 2021
W.P.No.11231 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 1.7.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.11231 of 2021
and W.M.P.No. 11883 of 2021
1 Win Power Engineering Pvt. Ltd.,
Rep. by its Authorized Signatory T.K.Kumar,
Plot No.30 Lakshmi Nagar 3rd Cross Street,
Near Bhoomadevi Nagar Gerugambakkam
Chennai- 600 122. ... Petitioner
Vs.
1 Tamilnadu Generation and Distribution
Corporation Ltd., (TANGEDCO), Rep by its
Chairman Cum Managing Director, 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 Cuddalore Electricity
Distribution Circle, Cuddalore.
5 Tamilnadu Electricity Regulatory Commission
Rep by its Secretary, 19-A, Rukumini
Lakshmipathy Salai, Egmore Chennai-8. ... Respondents
1/6
https://www.mhc.tn.gov.in/judis/
W.P.No.11231 of 2021
Prayer : Writ petition 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 by terminating the existing Energy
Purchase Agreements in WEG No.3611 EPA dated 15.03.2017 WEG No.3895 EPA
dated 18.03.2017, WEG No.2410 and 2433 EPA dated 30.07.2018, WEG No.
2434 EPA dated 04.08.2018 WEGs No.3136 and 3137 EPA dated 28.03.2018
WEG NO. 3593 EPA dated 05.02.2021 WEG No.3154 EPA dated 26.04.2021 and
WEG No.3147 EPA dated 19.05.2020 and execute Energy Wheeling Agreement
for Group captive consumption as per the common order of the honble High
Court of Judicature at Madras dated 30.08.2019 which was upheld by the
Honble Division Bench dated 18.02.2020 and also by the Honble Supreme Court
of India, dated 24.9.2020 and consequently, make payment of Rs.1,02,88,210/-
towards the wind energy sold to the petitioner for the period from 11/2019 to
till date as per their respective invoices along with interest at 1% per month
for any delay in payments.
For Petitioner : Mr.S.P.Parthasarathy
For Respondents : Mr.Krishna Pradeep,
for T.N.E.B.
*****
ORDER
According to the learned counsel appearing for the petitioner, the
issue involved in the instant writ petition is squarely covered by the orders
passed by this Court in W.P.No.4989 of 2018, dated 20.4.2021. The relevant
paragraphs are extracted as follows:
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W.P.No.11231 of 2021
''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.
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
https://www.mhc.tn.gov.in/judis/
W.P.No.11231 of 2021
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.”
2. The learned counsel appearing for the respondent Board fairly
agreed with the submission made by the counsel appearing for the petitioner.
3. As the issue involved in the present writ petition has already
been settled by this Court in the order passed by this Court cited supra, the
petitioner is entitled for the relief as prayed for.
4. Accordingly, the writ petition is allowed on the same line. The
No costs. Connected miscellaneous petition is closed.
1.7.2021
Speaking / Non Speaking order
Index : Yes/No
Internet : Yes/No
vaan
https://www.mhc.tn.gov.in/judis/
W.P.No.11231 of 2021
To
1 The Chairman Cum Managing Director,
Tamilnadu 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 Cuddalore Electricity Distribution Circle, Cuddalore.
5 The Secretary,
Tamilnadu Electricity Regulatory Commission,
19-A, Rukumini Lakshmipathy Salai, Egmore Chennai-8.
https://www.mhc.tn.gov.in/judis/
W.P.No.11231 of 2021
D.KRISHNAKUMAR, J.
vaan
W.P.No.11231 of 2021
and W.M.P.No.11883 of 2021
Dated: 1.7.2021
https://www.mhc.tn.gov.in/judis/
