Madras High Court
M/S.Iswarya Health P. Ltd vs The Tamil Nadu Power Distribution ... on 25 August, 2025
Author: N.Anand Venkatesh
Bench: N. Anand Venkatesh
Writ Petition No.32251 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-08-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
Writ Petition No.32251 of 2025
and
W.M.P.Nos.36160, 36161 & 36162 of 2025
M/s.Iswarya Health P. Ltd.,
WEG No.079224722694,
No.13, 1st Main Road,
Kasthuribai Nagar, Adyar,
Chennai - 600 020.
represented by its Director
Dr.K.Velusamy
Petitioner
Vs
1. The Tamil Nadu Power Distribution Corporation Ltd (TNPDCL)
144, Anna Salai, Chennai-600 002
Rep By Its Managing Director
2.Tamil Nadu Green Energy Corporation Ltd (TNGECL)
144, Anna Salai,
Chennai-600 002.
Rep by its Managing Director
3.The Chief Engineer/NCES, (TNPDCL)
2nd Floor, 144, Anna Salai,
Chennai-600 002.
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Writ Petition No.32251 of 2025
4.The Superintending Engineer
The Tamil Nadu Power Distribution Corporation Ltd, (TNPDCL)
Tirunelveli Electricity Distribution Circle,
Tirunelveli.
5.The Superintending Engineer
The Tamilnadu Power Distribution Corporation Ltd, (TNPDCL)
Chennai South-II Electricity Distribution Circle,
110, KV Complex, K.K.Nagar,
Chennai - 600 078.
Respondents
PRAYER Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus, calling for the records of the 3rd
respondent's impugned original proceedings in (Per) FB TNPDCL proceedings
No.44 dated 01.08.2023 and quash the same as contrary to the Doctrine of Res
Judicata, against Article 14 and 300A of the Constitution of India and against
the right to 'Open Access' which is guaranteed under Electricity Act 2003 and
consequently, direct the 3rd respondent to allow Migration from sale to board to
own captive scheme in petitioner's WEG No.079224722694 by converting the
existing Energy Purchase Agreements (EPA) dated 01.06.2023 to an Energy
Wheeling Agreement (EWA) and also to direct the respondents to make
payment outstanding dues payable to the petitioner, along with interest at 1
percentage per month for any delay in payments, for the energy supplied from
the petitioner's WEG bearing HTSC No.079224722694, or to adjust the said
dues against the petitioner's current consumption bills in its HTSC
No.099094011163 & 099094011173.
For Petitioner : Mr.R.S. Pandiyaraj
For Respondents : Mr.D.R.Arunkumar
Standing Counsel
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Writ Petition No.32251 of 2025
ORDER
This writ petition has been filed challenging the third respondent's
impugned original proceedings in (Per) FB TNPDCL proceedings No.44 dated
01.08.2023 and quash the same as contrary to the Doctrine of Res Judicata,
against Article 14 and 300A of the Constitution of India and against the right to
'Open Access' which is guaranteed under Electricity Act 2003 and consequently,
direct the third respondent to allow Migration from sale to board to own captive
scheme in petitioner's WEG No.079224722694 by converting the existing
Energy Purchase Agreements (EPA) dated 01.06.2023 to an Energy Wheeling
Agreement (EWA) and also to direct the respondents to make payment
outstanding dues payable to the petitioner, along with interest at 1% per month
for any delay in payments, for the energy supplied from the petitioner's WEG
bearing HTSC No.079224722694, or to adjust the said dues against the
petitioner's current consumption bills in its HTSC No.099094011163 &
099094011173.
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Writ Petition No.32251 of 2025
2. Learned counsel for the petitioner submitted that this writ
petition is covered by the earlier order passed in W.P.No.13729 of 2025 dated
22.04.2025. The relevant portions are extracted hereunder:
"8. It can be seen that identical board proceedings have
been set aside by this Court by the order dated 30.08.2019 and the
said order stood confirmed upto the Hon-ble Supreme Court of
India. The only argument that is made is that the Board has
revisited based on the late payment surcharge charges. That again
was again the subject matter of Division Bench of this Court of
which I am also one of the member (Mr.Justice D.Bharatha
Chakravarthy) and by an order dated 03.01.2023 it was held as
follows and it is essential to extract paragraph Nos.2 & 5 which
reads as under:
2. Mr.P.S.Raman, learned Senior Counsel
appearing for the petitioners/appellants submitted
that the impugned orders of the learned Single Judge
passed in the writ petitions are patently
unsustainable, in view of the Electricity (Late
Payment Surcharge and Related Matters) Rules, 2022
(for short, -t
he said Rules-)notified by the Ministry of
Power. Rules 3 and 5 of the said Rules enable the
petitioners/appellants to make the payment of arrears
to the respondent along with late payment surcharge
from the date of default. The said Rules are
retrospective in nature and applicable for all the
cases irrespective of the dates of default, Therefore,
the impugned orders of the learned Single Judge are
liable to go.
5. Learned counsel appearing for the
respondent heavily opposed the prayer to condone the
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Writ Petition No.32251 of 2025
delay and submitted that the delay of 237, 252 and
258 days in filing the writ appeals against the orders
dated 7.3.2022, 25.3.2022 and 28.3.2022 passed in
W.P.Nos.4933, 6977 and 6938 of 2022 has not been
sufficiently explained by the petitioners/appellants.
Secondly, the learned Single Judge, in the impugned
orders, has followed the similar order dated
30.8.2019 passed in W.P.No.5196 of 2019 etc., which
was affirmed by a Division Bench of this Court in its
judgment dated 18.2.2020 in W.A.No.4189 of 2019,
which has also been confirmed by the Apex Court vide
order dated 24.9.2020 in S.L.P.Nos.8513~8518 of
2020. Therefore, there is no bonafide in filing the
petitions to condone the delay and there is no merit in
the writ appeals. Thus, a prayer has been made to
dismiss the delay condonation petitions as well as the
writ appeals.
9. On the above findings, again the orders impugned were
set aside and taking note of the earlier round of litigation which
ultimately was dismissed by the Hon-ble Supreme Court of India in
SPL.Nos.8513~8518 of 2020. In view thereof, the contention that
is made on behalf of the Learned Counsel for the respondents are
unsustainable. Since the matter has already been decided in the
previous round, once again similar orders cannot be repeatedly
passed by the respondent Board.
10. Therefore, this writ petition is allowed on the following
terms:
(i) The impugned orders dated 01.08.2023 and 28.02.2024
shall stand quashed and consequently the respondents 3 to 5 are
directed to convert the Energy Purchase Agreement (EPA) in
respect of petitioner-s WEG No.039214340843 as one of Energy
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Writ Petition No.32251 of 2025
Wheeling Agreement (EWA) and permit the petitioner to consume
the power for its own purposes.
(ii) With reference to the arrears, in view of the statements
that is made in paragraph No.9 that the TNPDCL is taking steps to
clear the outstanding dues along with interest, it shall be done
within a period of eight (8) weeks from the date of receipt of the
web copy of the order."
In view of the above, this writ petition is disposed of in terms of
the order passed in W.P.No.13729 of 2025 dated 22.04.2025. No costs.
Consequently, connected miscellaneous petitions are closed.
25.08.2025
Index:Yes/No
Speaking/Non-speaking order
Neutral Citation:Yes/No
gm
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Writ Petition No.32251 of 2025
To
1. The Managing Director,
Tamil Nadu Power Distribution Corporation Ltd (TNPDCL),
144, Anna Salai, Chennai-600 002.
2.The Managing Director,
Tamil Nadu Green Energy Corporation Ltd (TNGECL),
144, Anna Salai, Chennai-600 002.
3.The Chief Engineer/NCES, (TNPDCL)
2nd Floor, 144, Anna Salai,
Chennai-600 002.
4.The Superintending Engineer
The Tamil Nadu Power Distribution Corporation Ltd, (TNPDCL)
Tirunelveli Electricity Distribution Circle,
Tirunelveli.
5.The Superintending Engineer
The Tamilnadu Power Distribution Corporation Ltd, (TNPDCL)
Chennai South-II Electricity Distribution Circle,
110, KV Complex, K.K.Nagar,
Chennai - 600 078.
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Writ Petition No.32251 of 2025
N.ANAND VENKATESH., J
gm
Writ Petition No.32251 of 2025
25.08.2025
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