Madras High Court
M/S. Rajaguru Spinning Mills P Ltd vs Tamilnadu Generation & Distribution ... on 29 October, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.Nos.32185 & 32189 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 29.10.2024
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P.Nos.32185 & 32189 of 2024
M/s. Rajaguru Spinning Mills P Ltd.,
SRF No.97/2, Mampalayam Road,
Vediyarasampalayam, Pallipalayam, Erode-08,
Rep. by its Manager K.Saravanan. ...Petitioner in W.P.No.32185 of
2024
M/s. GKS Renewable Power P Ltd.,
WEG No.079204721756,
No.3, Club Road, Chetpet, Chennai-600 031.
Rep. by its Director K.V.Ramana Shetty ...Petitioner in W.P.No.32189 of 2024
Vs.
1. Tamilnadu Generation & Distribution Corporation Ltd.,
(TANGEDCO),
10th Floor, 144, Anna Salai, Chennai - 600 002,
Represented by its Chairman Cum Managing Director.
2. The Chief Engineer, NCES,
TANGEDCO,
2nd Floor, 144, Anna Salai, Chennai - 600 002.
3. The Superintending Engineer,
TANGEDCO,
Dindigul Electricity Distribution Circle,
Dindigul.
4. The Superintending Engineer,
TANGEDCO,
Palladam Electricity Distribution Circle,
https://www.mhc.tn.gov.in/judis
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W.P.Nos.32185 & 32189 of 2024
Palladam. ...Respondents
Prayer in W.P.No.32185 of 2024: Writ Petition filed under Article 226 of the
Constitution of India praying to issue a Writ of Mandamus directing the 2nd and
3rd respondent to effect migration in Petitioner's WEG Nos.059234500276 from
sale to board to own captive consumption in their industry by executing a fresh
Energy Wheeling Agreement as per petitioner's application dated 10.10.2022
and consequential representation dated 19.12.2023 on payment of necessary
charges.
Prayer in W.P.No.32189 of 2024: Writ Petition filed under Article 226 of the
Constitution of India praying to issue a Writ of Mandamus directing the 2nd and
3rd respondent to effect name transfer in petitioner's WEG Nos.079204721756
from the erstwhile M/s.K.V.Ramana Shetty to the name of the petitioner's name
M/s.GKS Renewable Power P Ltd along with utility change from sale to board
to group captive scheme by executing a fresh Energy Wheeling Agreement as
per petitioner's application dated 24.04.2023 and consequential representation
dated 03.11.2023 on payment of necessary charges.
In both W.P's.:
For Petitioner : Mr.R.S.Pandiyaraj
For Respondents : Mr.D.R.Arun Kumar
COMMON ORDER
Since the issue involved in both the Writ petitions are similar in nature, they are disposed of by way of this common order. https://www.mhc.tn.gov.in/judis 2/6 W.P.Nos.32185 & 32189 of 2024
2. Mr.D.R.Arunkumar, learned Standing Counsel accepts notice for the respondents and states that in similar circumstances, this Court in W.P.No.23788 of 2023, has passed the following order:
The petitioner has purchased a windmill from M/s.Powerica Limited. It requires name transfer and migration from sale to TANGEDCO to captive consumption of the petitioner. The second respondent has called for a NOC from the third respondent and this too has been made available by the third respondent and the papers are now pending before the second respondent.
2.Mr.D.R.Arun Kumar, learned Standing Counsel for Tamil Nadu Electricity Board takes notice for the respondents.
3.The second respondent is now required to take a call on the representation of the petitioner for transfer and migration vis-a-vis the consumption of the energy to be generated within a period of six (6) weeks, if the papers are otherwise in order. If the second respondent contemplates any rejection of the request, it is directed that he shall give a personal audience to the petitioner's representation and shall decide the issue through a detailed speaking order.
4.The Writ Petition is disposed of accordingly. No costs.
3. In addition, the petitioners would point out that the decision of TANGEDCO not to accept similar request from Wind Energy Generators and to terminate the Energy Purchase Agreement and not allow migration from sale to board to Group Captive/third party use would be effective only from 30.06.2023. In the present cases, the respective applications of the petitioners https://www.mhc.tn.gov.in/judis 3/6 W.P.Nos.32185 & 32189 of 2024 for migration and sale have been made prior to 30.06.2023, i.e., on 10.10.2022 and 24.04.2023 respectively.
4. This aspect of the matter will also be taken into account by the respondents while disposing petitioners' respective applications dated 10.10.2022 and 24.04.2023 and consequential representations dated 19.12.2023 and 03.11.2023 respectively, after hearing the petitioners. Let this exercise be completed within a period of four (4) weeks from date of receipt of a copy of this order and having regard to the position as captured in the preceding paragraphs.
5. These Writ Petitions are disposed of in the aforesaid terms. No costs.
29.10.2024
skt
Index : Yes / No
Speaking order : Yes / No
NCC : Yes / No
https://www.mhc.tn.gov.in/judis 4/6 W.P.Nos.32185 & 32189 of 2024 To
1. Tamilnadu Generation & Distribution Corporation Ltd., (TANGEDCO), 10th Floor, 144, Anna Salai, Chennai - 600 002, Represented by its Chairman Cum Managing Director.
2. The Chief Engineer, NCES, TANGEDCO, 2nd Floor, 144, Anna Salai, Chennai - 600 002.
3. The Superintending Engineer, TANGEDCO, Dindigul Electricity Distribution Circle, Dindigul.
4. The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladam.
https://www.mhc.tn.gov.in/judis 5/6 W.P.Nos.32185 & 32189 of 2024 M.DHANDAPANI, J.
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