Madras High Court
Gupta Hair Products Private ... vs The Tamil Nadu Generation And ... on 6 June, 2023
W.P.No.16719 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.16719 of 2023
Gupta Hair Products Private Limited,
WEG No.039224320149,
279, Sydenhams Road,
Chennai – 600 112,
Represented by its Authorsied Signatory,
S.Harish Kumar ... Petitioner
Vs.
1. The Tamil Nadu Generation and Distribution
Corporation Limited (TANGEDCO),
Represented by its Chairman and 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 Director Finance,
Tamil Nadu Generation and Distribution
Corporation Limited (TANGEDCO),
th
7 Floor, 144, Anna Salai,
Chennai – 600 002.
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W.P.No.16719 of 2023
4. The Superintending Engineer,
TANGEDCO,
Coimbatore Electricity Distribution Circle / South,
Coimbatore. ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Mandamus, directing the respondents 1 to 3
to allow the Utility Change / Migration of the WEG of the petitioner by
terminating the existing Energy Purchase Agreement (EPA) dated
30.03.2010 for their WEG Nos.039224320149 and direct to execute a fresh
Energy Wheeling Agreement (EWA) under the Group Captive / 3rd Party
Sale Schemes, as per the common order of this Court dated 30.08.2019,
which was upheld by the Hon'ble Division Bench by its order dated
18.02.2020 and also by the Hon'ble Supreme Court of India by its order
dated 24.09.2020 and direct to make payment of the outstanding dues
payable to the petitioner, towards the wind energy sold by the petitioner to
the respondents from 04.06.2022 onwards to till the date of the termination
of the EPA dated 30.03.2010, as per their respective invoices along with
interest at 1% per months for the if any delay in payments.
For Petitioner : Mr.R.S.Pandiyaraj
For Respondents : Mr.P.S.Raman, Senior Counsel
for D.R.Arunkumar (TANGEDCO)
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W.P.No.16719 of 2023
ORDER
This Writ Petition has been filed for a direction to the
respondents 1 to 3 to allow Utility Change / Migration of the WEG of the
petitioner by terminating the existing Energy Purchase Agreement (EPA)
dated 30.03.2010 for their WEG Nos.039224320149 and
to execute a fresh Energy Wheeling Agreement (EWA) under the Group
Captive / 3rd Party Sale Schemes, as per the common order of this Court
dated 30.08.2019, which was upheld by the Hon'ble Division Bench by a
judgment dated 18.02.2020 and also by the Hon'ble Supreme Court of India
by an order dated 24.09.2020 and make payment of the outstanding dues
payable to the petitioner, towards the wind energy sold by the petitioner to
the respondents from 04.06.2022 onwards to till the date of the termination
of the EPA dated 30.03.2010, as per their respective invoices along with
interest at 1% per months for the if any delay in payments.
2. The learned counsel appearing for the petitioner would submit
that though the petitioner made a representation before the Chief Engineer
NCES, TANGEDCO, Chennai, however he has to send the representation
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W.P.No.16719 of 2023
only to the Chief Financial Controller General, Chennai who is the
competent authority.
3. Heard Mr.R.S.Pandiyaraj, learned counsel appearing for the
petitioner and Mr.P.S.Raman, learned Senior Counsel appearing for the
respondents.
4. The issue involved in the present Writ Petition is covered by the
earlier order passed by this Court in a batch of Writ Petitions in
W.P.Nos.5196, 11725, 8459 and 8463 of 2019 and 6694 and 1275 of 2018
dated 30.08.2019. This order was subsequently confirmed by the First
Bench of this Court in W.A.Nos.4189, 4194, 4197, 4201, 4204 and 4205 of
2019 dated 18.02.2020.
5. 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.
6. In view of the above, this Court is inclined to dispose of the
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W.P.No.16719 of 2023
Writ Petition with the following directions:
(a) The respondents / TANGEDCO are directed to
permit the petitioner to switch over to captive consumption /
group captive consumption / 3rd party sale, as the case may
be, as per the representation made by the petitioner.
(b) The respondents / 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 four months from the date of
receipt of a copy of this order.
7. This Writ Petition is disposed of accordingly. No costs.
06.06.2023
NCC: Yes / No
Index : Yes / No
Speaking Order : Yes / No
vji
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W.P.No.16719 of 2023
To
1. The Chairman and Managing Director,
The Tamil Nadu Generation and Distribution
Corporation Limited (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 Director Finance,
Tamil Nadu Generation and Distribution
Corporation Limited (TANGEDCO),
th
7 Floor, 144, Anna Salai,
Chennai – 600 002.
4. The Superintending Engineer,
TANGEDCO,
Coimbatore Electricity Distribution Circle / South,
Coimbatore.
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W.P.No.16719 of 2023
M.DHANDAPANI,J.
vji
W.P.No.16719 of 2023
06.06.2023
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