Madras High Court
The Ramco Cements Limited vs Tamilnadu Generation And Distribution on 24 June, 2022
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.No.15965 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.15965 of 2022
The Ramco Cements Limited,
Auras Corporate Centre, V Floor,
98-A, Dr.Radhakrishnan Salai,
Mylapore, Chennai – 600 004.
Represented by its General Manager – Legal,
T.Mathivanan ... Petitioner
vs.
1.Tamilnadu Generation and Distribution
Corporation Ltd., (TANGEDCO),
10th Floor, 144, Anna Salai,
Chennai – 600 002.
Represented by its Chairmen
Cum Managing Director.
2.The Chief Engineer, NCES,
TANGEDCO,
2nd Floor,
144, Anna Salai, Chennai – 600 002.
3.The Superintending Engineer,
TANGEDCO,
Udumalpet Electricity Distribution Circle,
Udumalpet.
4.Director Finance,
Tamil Nadu Generation and Distribution
1/8
https://www.mhc.tn.gov.in/judis
W.P.No.15965 of 2022
Corporation Limtied, 144, Anna Salai,
Chennai – 600 002. ...Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India for
Writ of Mandamus for directing the 1st, 2nd and 3rd respondents to allow the
utility change to the petitioner by terminating the existing Energy Purchase
Agreements dated (EPAs) dated 27.03.2014 respectively and execute fresh
Energy Wheeling Agreement for their own Captive Consumption at their
HTSC No.069094400069 of the energy generated in Petitioner's WF HTSC
No.039214340736 (Old No.U1310), 039214340737 (Old No.U1311),
039214340835 (Old No.U1459, 039214340836 (Old No.U1460 and
039214340837 (Old No.U1464) as per the Common Order of this Court
dated 30.08.2019 which was upheld by the Division Bench of this Court
dated 18.02.2020 and by the Hon'ble Supreme Court of India dated
24.09.2020 and make payment of the outstanding dues payable to the
petitioner towards the wind energy sold by the petitioner till the date of the
termination of the EPA dated 27.03.2014 as per their respective invoices
along with interest at 1% per month for any delay in payments.
For Petitioner : Mr.R.S.Pandiyaraj
For Respondents : Mr.C.Jai Venkatesh,
Standing Counsel
ORDER
This writ petition has been filed for a mandamus seeking for a 2/8 https://www.mhc.tn.gov.in/judis W.P.No.15965 of 2022 direction to the first, second and third respondents to allow the utility change for the petitioner by terminating the existing Energy Purchase Agreements (EPAs) dated 27.03.2014 respectively and execute fresh Energy Wheeling Agreement for their own Captive Consumption at their HTSC No.069094400069 of the energy generated in Petitioner's WF HTSC No.039214340736 (Old No.U1310), 039214340737 (Old No.U1311), 039214340835 (Old No.U1459, 039214340836 (Old No.U1460 and 039214340837 (Old No.U1464) as per the Common Order of this Court dated 30.08.2019 passed in W.P.No.5196 of 2019 etc., batch which was upheld by the Hon'ble First Bench of this Court dated 18.02.2020 in W.A.No.4189 of 2019 etc., batch and thereafter by the Hon'ble Supreme Court by its order dated 24.09.2020.
2. Mr.C.Jai Venkatesh, learned Standing Counsel accepts notice on behalf of the respondents. By consent of both parties, this writ petition is taken up for final disposal in the admission stage itself.
3. Heard Mr.S.Pandiyaraj, learned counsel for the petitioner and Mr.C.Jai Venkatesh, learned Standing Counsel for the respondents.
3/8https://www.mhc.tn.gov.in/judis W.P.No.15965 of 2022
4. The petitioner had earlier entered into a Energy Purchase Agreement dated 27.03.2014 for their WEG. Under the Energy Purchase Agreement, payments have not been made by the respondents. The petitioner seeks for conversion of the Energy Purchase Agreements to Energy Wheeling Agreements under their own captive consumption. In similar circumstances, in respect of other companies who had also entered into Energy Purchase Agreements and payments were defaulted, writ petitions were filed and they were allowed for converting Energy Purchase Agreement into Energy Wheeling Agreement under the Group Captive/Third Party Scheme. The following are the writ petitions in which similar orders were passed as the one sought for by the petitioner in this writ petition:
(a) Order dated 26.10.2021 passed in W.P.No.22695 of 2021 (Orange Valley Windmills Pvt. Ltd., vs. Tamil Nadu Generation and Distribution Corporation Ltd and three others)
(b) Order dated 20.01.2022 passed in W.P.Nos.519, 523 & 524 of 2022 (Pioneer NF Forging India Pvt., Ltd., vs. Tamil Nadu Generation and Distribution Corporation Ltd and others)
(c) Order dated 30.08.2019 passed in batch of writ petitions, namely 4/8 https://www.mhc.tn.gov.in/judis W.P.No.15965 of 2022 W.P.No.5196 of 2018 etc batch.
6. In all the aforementioned writ petitions, almost identical directions were issued by the respondents which are as follows:
(a) The respondent/TANGEDCO is 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;
(b) 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 that order;
(c) Consequently, in view of permitting the petitioner to migrate from EPA to EWA, the proceedings issued by the 1 st respondent deciding not to concede any request for migration is set aside.
7. Since the petitioner is also similarly placed, the directions issued by this Court earlier shall hold good for this petitioner also.
8. In terms of the above directions extracted supra, this writ petition is 5/8 https://www.mhc.tn.gov.in/judis W.P.No.15965 of 2022 disposed of. No costs.
24.06.2022 nl Index:Yes/No Internet:Yes/No Speaking/Non-speaking orders 6/8 https://www.mhc.tn.gov.in/judis W.P.No.15965 of 2022 To
1.Tamilnadu Generation and Distribution Corporation Ltd., (TANGEDCO), 10th Floor, 144, Anna Salai, Chennai – 600 002.
Represented by its Chairmen Cum Managing Director.
2.The Chief Engineer, NCES, TANGEDCO, 2nd Floor, 144, Anna Salai, Chennai – 600 002.
3.The Superintending Engineer, TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.
4.Director Finance, Tamil Nadu Generation and Distribution Corporation Limtied, 144, Anna Salai, Chennai – 600 002.
ABDUL QUDDHOSE, J.
nl 7/8 https://www.mhc.tn.gov.in/judis W.P.No.15965 of 2022 W.P.No.15965 of 2022 24.06.2022 8/8 https://www.mhc.tn.gov.in/judis