Madras High Court
This Writ Petition Was Already ... vs Tamil Nadu Generation And ... on 24 June, 2021
W.P.No.13157 of 2021
W.P.No.13157 of 2021
D.KRISHNAKUMAR, J.
This writ petition was already disposed on 24.06.2021. At the
instance of the counsel appearing for the petitioner, the matter has been
listed today under the caption " Being Mentioned"
It is brought to the notice of this court that in para 3(1) of the order in
the last line, instead of group captive consumption/third party sale, it has
been wrongly typed as " their own industry".
3. Registry is directed to issue fresh order copy after making
correction in para 3(1) of the order which reads as follows.
" 3(i) the respondents 1 to 3/TANGEDCO are directed to permit the
petitioner company to switch over to captive consumption, so as to use the
same for group captive consumption/third party sale".
29.07.2021
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W.P.No.13157 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 24.06.2021
Coram
The Honourable Mr.Justice D.KRISHNAKUMAR
W.P.No.13157 of 2021
and W.M.P.No.13967 of 2021
M/s.Poysha Power Generation Pvt. Ltd.,
Plot No.37, Ring Road, Lajpatnagar - IV,
New Delhi - 110 024, Rep. by its
Authorized Signatory T.N.Remesan
...Petitioner
Versus
1.Tamil Nadu Generation and Distribution
Coimbatore Ltd., (TANGEDCO)
10th Floor, 144, Anna Salai,
Chennai - 600 002.
Represented by its Chairman cum Managing Director
2.The Chief Engineer, NCES,
TANGEDCO,
2nd Floor,
144, Anna Salai, Chennai - 600 002.
3.The Superintending Engineer,
TANGEDCO,
Theni Electricity Distribution Circle,
Theni.
4.Tamil Nadu Electricity Regulatory Commission,
19-A, Rukumini Lakshmipathy Salai,
Egmore, Chennai - 600 008.
Rep. by its Secretary
...Respondents
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W.P.No.13157 of 2021
Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a writ of mandamus directing the 1st, 2nd and 3rd
respondents to allow Utility Change to the petitioner by terminating the
existing Energy Purchase Agreements in WEG No.T2 EPA date on
08.02.2017, WEG No.T9 EPA date on 08.02.2017, WEG No.T15 EPA date
on 08.02.2017, WEG No.T14 EPA date on 08.02.2017 and WEG No.T17
EPA date on 08.02.2017 and execute Energy Wheeling Agreement for
Group Captive Consumption or 3rd party sale with the petitioner as per the
Common Order of the Hon'ble High Court of Judicature at Madras dated
30.08.2019 which was upheld by the Hon'ble Division Bench dated
18.02.2020 and also by the Hon'ble Supreme Court of India dated
24.09.2020 and make outstanding payment of Rs.2,37,50,416/- to the
petitioner towards the wind energy sold by the petitioner for the period from
July 2020 to till date as per their respective invoices along with interest at
1% per month for any delay in payments.
For Petitioner : Mr.M.Saravanakumar
For Respondents : Mr.N.Damodaran
ORDER
(The case has been heard through video conference)
The relief sought for in the present writ petition is to direct the
respondents 1 to 3 to allow Utility Change by terminating the existing
Energy Purchase Agreements in WEG No.T2 EPA date on 08.02.2017,
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W.P.No.13157 of 2021
WEG No.T9 EPA date on 08.02.2017, WEG No.T15 EPA date on
08.02.2017, WEG No.T14 EPA date on 08.02.2017 and WEG No.T17 EPA
date on 08.02.2017 and execute Energy Wheeling Agreement for Group
Captive Consumption/3rd party sale with the petitioner as per the common
order of this Court dated 30.08.2019 which was upheld by the Division
Bench of this Court vide judgment dated 18.02.2020 and also by the
Honourable Supreme Court vide order dated 24.09.2020 and make
outstanding payment of Rs.2,37,50,416/- to the petitioner towards the wind
energy sold by the petitioner for the period from July 2020 to till date as per
their respective invoices along with interest at 1% per month for any delay in
payments.
2. The learned counsel for the petitioner has brought to the notice of
this Court that in a case of similar nature, this Court has passed an order in
favour of the petitioner therein. In support of his contention, he has relied
on the order passed by this Court in W.P.No.4989 of 2018 dated
20.04.2021, wherein, this Court has held as follows:
"4. In view of the above, the present writ petition deserves to be
allowed with the following directions:
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W.P.No.13157 of 2021
(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 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 petitioners to migrate
from EPA to EWA, the proceedings dated 20.05.2017 issued by the first
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."
He therefore prayed that the similar relief may be granted to the
petitioner herein.
3. Considering the submissions made by the learned counsel for the
petitioner and also following the earlier order passed by this Court in
W.P.No.4989 of 2018 dated 20.04.2021, this Court is inclined to allow this
writ petition with the following directions:
(i) the respondents 1 to 3/TANGEDCO are directed to permit the
petitioner company to switch over to captive consumption, so as to use the
same for their own industry.
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W.P.No.13157 of 2021
(ii) the respondents 1 to 3/TANGEDCO are directed to settle the
respective dues to the petitioner company 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 company to
migrate from EPA to EWA, the proceedings dated 20.05.2017 issued by the
first respondent deciding not to concede any request for migration is set
aside.
4. In the result, this Writ Petition is allowed with the above
directions. No costs. Consequently, connected Miscellaneous Petition is
closed.
24.06.2021
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Index : Yes/No
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W.P.No.13157 of 2021
D.KRISHNAKUMAR, J.,
mrr
To
1.The Chairman cum Managing Director,
Tamil Nadu Generation and Distribution
Coimbatore 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,
Theni Electricity Distribution Circle,
Theni.
4.The Secretary,
Tamil Nadu Electricity Regulatory Commission,
19-A, Rukumini Lakshmipathy Salai,
Egmore, Chennai - 600 008.
W.P.No.13157 of 2021
24.06.2021
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