Madras High Court
Janya Spinners vs 5 Tamilnadu Electricity ... on 1 July, 2021
W.P.No.11224 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 1.7.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.11224 of 2021
and W.M.P.No. 11876 of 2021
Janya Spinners
Rep. by its Partner S.Karivaradharj
No.702/1 Mettupalayam Road, K.Vadamadurai
Post Coimbatore- 641017 ... Petitioner
Vs.
1 Tamilnadu Generation and Distribution
Corporation Ltd., Rep by its
Chairman Cum Managing Director.
(TANGEDCO) 10th Floor,
144 Anna Salai Chennai- 600 002.
2 The Chief Engineer N.C.E.S.,
TANGEDCO, 2nd Floor, 144 Anna Salai,
Chennai- 600 002.
3 The Superintending Engineer
TANGEDCO, Tirunelveli Electricity
Distribution circle, Tirunelveli.
4 The Superintending Engineer
TANGEDCO Coimbatore North Electricity
Distribution Circle Coimbatore.
5 Tamilnadu Electricity Regulatory Commission
Rep by its Secretary. 19-A Rukumini
Lakshmipathy Salai, Egmore, Chennai- 600 008 .. Respondents
1/6
https://www.mhc.tn.gov.in/judis/
W.P.No.11224 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 converting the existing Energy
Purchase Agreement dated 17.10.2019 to Energy Wheeling Agreement in
Petitioners wind mills bearing WF HTSC No.3270 for captive consumption of
the generated units in the petitioners own industry HTSC No. 0668 at
Coimbatore North EDC and as per the common order of the high Court of
Judicature at Madras dated 30.08.2019 which was upheld by the Honble
Division Bench and also by the Honble Supreme Court of India and consequently
make payment of Rs. 33,60,421/- towards the wind energy sold from the
petitioners WEG No. 3270 for the period from 5/2019 to 12/ 2020 as per their
respective invoices till date, further direct the respondents to pay interest 1%
per month for any delay in settlement of invoices beyond the period of 30 days
from the date of invoice.
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:
''3. The learned counsel for the writ petitioner
submitted that earlier, for the similar prayer, a batch of
https://www.mhc.tn.gov.in/judis/
W.P.No.11224 of 2021
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
period of two months from the date of receipt
of a copy of this order.
https://www.mhc.tn.gov.in/judis/
W.P.No.11224 of 2021
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
To
1 The Chairman Cum Managing Director,
Tamilnadu Generation and Distribution Corporation Ltd.,
(TANGEDCO) 10th Floor, 144 Anna Salai Chennai- 600 002.
https://www.mhc.tn.gov.in/judis/
W.P.No.11224 of 2021
2 The Chief Engineer N.C.E.S.,
TANGEDCO, 2nd Floor, 144 Anna Salai, Chennai- 600 002.
3 The Superintending Engineer
TANGEDCO, Tirunelveli Electricity Distribution circle, Tirunelveli.
4 The Superintending Engineer
TANGEDCO Coimbatore North Electricity Distribution Circle Coimbatore.
5 The Secretary
Tamilnadu Electricity Regulatory Commission
19-A Rukumini Lakshmipathy Salai, Egmore, Chennai- 600 008
https://www.mhc.tn.gov.in/judis/
W.P.No.11224 of 2021
D.KRISHNAKUMAR, J.
vaan
W.P.No.11224 of 2021
and W.M.P.No. 11876 of 2021
Dated: 1.7.2021
https://www.mhc.tn.gov.in/judis/
