Madras High Court
Janaki Power Pvt. Ltd vs 4 Tamilnadu Electricity ... on 26 July, 2021
W.P.No.15359 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.7.2021
CORAM
THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR
W.P.No.15359 of 2021
and W.M.P.No.16241 of 2021
Janaki Power Pvt. Ltd.
Rep. By its Managing Director S.Nambirajan
WF HTSC No.079204720898 .. 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 Tamilnadu Electricity Regulatory Commission
Rep by its Secretary,
19-A RukminiLakshmipathy salai,
Egmore Chennai- 600 008. ... Respondents
Prayer:- The Writ Petition is filed under Article 226 of the Constitution of
India, seeking for a Writ of Mandamus, directing the 1st 2nd and 3rd
Respondents to allow Utility change by terminating the existing Energy
Purchase Agreement, dated 22.03.2018 and execute fresh Energy Wheeling
Agreement for own Captive Consumption of the energy generated in
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W.P.No.15359 of 2021
petitioner's WF HTSC No.079204720898 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 24.09.2020 and consequently make
payment of Rs.6,97,031/- towards the wind Energy sold from the petitioner's
WEG for the period from 07/2020 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.M.Abdul Kalam,
Standing Counsel for T.N.E.B.
******
ORDER
Heard Mr.S.P.Parthasarathy, learned Counsel appearing for the
petitioner and Mr.M.Abdul Kalam, learned Standing Counsel appearing for
the respondents and perused the documents available on record.
2. The issue involved in the present writ petition is for a
direction against the respondent nos.1, 2 & 3, to convert the existing EPA
dated 22.03.2018 executed for the arrangement of Sale of Board, into an
EWA for the arrangement for own Captive Consumption of the wind energy
of the petitioner's windmill having WF HTSC No. 079204720898 at
Tirunelveli.
3. The learned counsel appearing for the writ petitioner
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W.P.No.15359 of 2021
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 2021. 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 an 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
petitioner 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 per 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 petitioner to migrate
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W.P.No.15359 of 2021
from EPA to EWA, the proceedings dated 17.10.2019 issued by the 1st
respondent deciding not to concede any request for migration is set aside.
5. In fine, with the above directions, the writ petition stands
allowed. No costs. Consequently, connected miscellaneous petition is
closed.
26.7.2021
Internet:Yes/No
Index:Yes/No
Speaking / Non-Speaking order
vaan
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 Secretary,
Tamilnadu Electricity Regulatory Commission
19-A RukminiLakshmipathy salai, Egmore Chennai- 600 008.
http://www.judis.nic.in
W.P.No.15359 of 2021
D.KRISHNAKUMAR,J.
vaan
W.P.No.15359 of 2021
and W.M.P.No.16241 of 2021
Dated: 26.7.2021
http://www.judis.nic.in
