Dev International vs 4 Tamil Nadu Electricity ...
2021 Latest Caselaw 21368 Mad

Citation : 2021 Latest Caselaw 21368 Mad
Judgement Date : 26 October, 2021

Madras High Court

Dev International vs 4 Tamil Nadu Electricity ... on 26 October, 2021

                                                                                W.P.No.22801 of 2021

                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 26.10.2021

                                                        CORAM :

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                         Writ Petition No.22801 of 2021
                                          and W.M.P.No.24023 of 2021


               Dev International, WF HTSC No.201
               No.15, Dr.Thottam
               Valliyampalayam, Kallapatti PO
               Coimbatore-641 048
               Rep.by its Proprietor D.Devarajan                          ...   Petitioner


                                                         -Vs-

               1 Tamil Nadu Generation and Distribution
                 Corporation Ltd (TANGEDCO) 10th
                  floor 144 Anna salai chennai-600 002 Rep
                  by its Chairman Cum Managing Director

               2 The Chief Engineer / NCES
                 TANGEDCO, 2nd Floor 144
                 Anna salai chennai-600002

               3 The Superintending Engineer
                 Tuticorin Electricity Distribution circle
                 Tuticorin

               4 Tamil Nadu Electricity Regulatory Commission
                 19-A Rukumini Lakshmipathy salai Egmore
                 Chennai-600008 Rep by its secretary
                                                                          ….    Respondents


               Prayer : Writ Petition under Article 226 of the Constitution of India praying for the
               issuance of a Writ of Mandamus directing the 1st and 2nd and 3rd respondent to


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                                                                                      W.P.No.22801 of 2021

               allow utility change by terminating the existing Energy Purchase Agreements dated
               30.03.2012 and execute fresh Energy Wheeling Agreement for 3rd party sale in
               petitioners WEG No.201 as per the common order of the Honourble High court of
               Judicature at Madras dated 30.8.2019 which was upheld by the Honourable Division
               bench dated 18.2.2020 and also by the Honourable Supreme court of India dated
               24.9.2020 and consequently make payment of Rs.28,26,676/- towards the wind
               energy sold from the petitioner's WEG No.201 for the period from July 2020 to till
               date as per their respectively invoices along with interest at 1 Percentage per month
               for any delay in payments.


                                For Petitioner       :     Mr.R.S.Pandiyaraj
                                For Respondents       :    Mr.M.Abul Kalam, Standing Counsel


                                                          ORDER

Heard Mr.R.S.Pandiyaraj, learned Counsel appearing for the petitioner and

Mr.Abul 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 30.03.2012 into an EWA

for 3rd party sale of the wind energy of the windmill having WF HTSC No.201.

http://www.judis.nic.in W.P.No.22801 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 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, group captive

consumption/third party sale, as the case may be, as per the

request made by the petitioner.

ii. the respondent/TANGEDCO are directed to settle the respective

dues to the petitioner as per their respective invoices raised by

http://www.judis.nic.in W.P.No.22801 of 2021

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 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.

26.10.2021