R.Shanmuhanathan vs 4 Tamil Nadu Electricity ...
2021 Latest Caselaw 21787 Mad

                                                                   W.P.No.23431 of 2021

                IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                  DATED : 29.10.2021

                                         CORAM :

             THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                           Writ Petition No.23431 of 2021


R.Shanmuhanathan
WEG No.3907, Thamirabarani
No.25, Vazhudavur Road
Pettayanchataram, Pondicherry-605 009.                       ...   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
  Tirunelveli Electricity Distribution circle
  Tirunelveli

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


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 allow utility
change by terminating the existing Energy Purchase Agreements all dated 28.09.2011



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                                                                  W.P.No.23431 of 2021

for their WEG No. 3907 and execute fresh Energy Wheeling Agreement under third
party sale 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.27,66,136/- to the petitioner towards the wind
energy sold by the petitioner for the period from April 2020 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.L.Jai Venkatesh, 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 28.09.2011 executed for

the arrangement of Sale of Board, into an EWA for the arrangement of the Captive

Consumption of the wind energy of the windmill having WEG No.3907.

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

W.P.No.23431 of 2021

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

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

W.P.No.23431 of 2021

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.

29.10.2021

Index :Yes/No Internet : Yes/No KST To

1 The Chairman and Managing Director Tamil Nadu 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-600002

3 The Superintending Engineer Tirunelveli Electricity Distribution circle Tirunelveli

4 The Secretary, Tamil Nadu Electricity Regulatory Commission 19-A Rukmini Lakshmipathy salai Egmore Chennai-600008 Rep by its secretary

W.P.No.23431 of 2021

N.ANAND VENKATESH, J.

kst

W.P.No.23431 of 2021

29.10.2021