Madras High Court
Arulmighu Subramaniya Swamy ... vs 4 Tamil Nadu Electricity ... on 22 September, 2021
W.P.No.20169 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.20169 of 2021 and
W.M.P.No.21437 of 2021
Arulmighu Subramaniya Swamy Green Energy Ltd
WF HTSC No.079204720125, 2/199, Ambalavanapuram
Avaraikulam (PO) Radhapuram Taluk, Tirunelveli-627133
represented by its Managing Director T.Ganapathi ... 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, TANGEDCO
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 Agreement dated 30.09.2019 for
1/5
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W.P.No.20169 of 2021
their WEG No.079204720125 and execute fresh Energy Wheeling Agreement under
Group Captive Scheme as per the common order of the Honourable 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.21,06,219/- towards the wind
energy sold from the petitioners WEG for the period from October 2020 to till date
2021 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.M.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 30.09.2019 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.079204720125 at the
spinning mill of the petitioner.
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.
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W.P.No.20169 of 2021
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 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
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W.P.No.20169 of 2021
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.
22.09.2021
Index :Yes/No
Internet : Yes/No
KST
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, TANGEDCO
Tirunelveli Electricity Distribution circle
Tirunelveli
4 The Secretary, Tamil Nadu Electricity Regulatory Commission
19-A Rukumini Lakshmipathy Salai Egmore, Chennai-600008
http://www.judis.nic.in
W.P.No.20169 of 2021
N.ANAND VENKATESH, J.
kst
W.P.No.20169 of 2021
& WMP No.21437of 2021
22.09.2021
http://www.judis.nic.in
