Madras High Court
Shri Rama Green Infra Private Limited vs Tamilnadu Generation And Distribution on 29 July, 2022
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P. Nos.19199, 19200 and 19204 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.07.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P. Nos.19199, 19200 and 19204 of 2022
Shri Rama Green Infra Private Limited
Rep. By its
Managing Director
M.G.S. Ramesh Babu ...Petitioner in W.P. No.19199 of 2022
Vaisnav Wind Infra Private Limited
Represented by its Director
T. Balachandran. ...Petitioner in W.P. No.19200 of 2022
Arvind Green Infra Private Limited
Rep. By its
Managing Director
T. Balachandran ... Petitioner in W.P. No.19204 of 2022
vs.
1. Tamilnadu Generation and Distribution
Corporation Ltd. (TANGEDCO)
Rep. by its Chairman and Managing Director
10th Floor, 144, Anna Salai,
Chennai - 600 002.
2. The Chief Engineer,
Non-Conventional Energy Sources (NCES),
TANGEDCO, 2nd Floor,
144, Anna Salai,
Chennai - 600 002. .... Respondents in all W.P.s
https://www.mhc.tn.gov.in/judis
1/8
W.P. Nos.19199, 19200 and 19204 of 2022
3. The Superintending Engineer,
TANGEDCO,
Tirunelveli Electricity Distribution Circle,
Tirunelveli. ...3rd Respondent in W.P. Nos.
19199 and 19200 of 2022
3. The Superintending Engineer,
TANGEDCO,
Coimbatore South Electricity Distribution Circle,
Coimbatore. ...3rd Respondent in W.P. No.
19204 of 2022
Prayer in 19199 of 2022 : Writ Petition filed under Article 226 of the
Constitution of India, to issue a Writ of Mandamus, directing the
respondents 1 to 3 to allow the petitioner to migrate the utility change
from “Sale to Board”to “Group Captive Scheme”, with 'Banking facility'
by terminating the existing 'Wind Energy Purchase Agreements' dated
26.05.2022 pertaining to its Wind Mills bearing HTSC
Nos.079234724264 & 079234724265 and to execute fresh 'Energy
Wheeling Agreements under Group Captive Scheme with banking facility
by considering the Petitioner's representation dated 20.06.2022 in
consonance with Common Order dated 30.08.2019 passed by this
Hon'ble Court in W.P. No.5196 of 2019, which was upheld by the Hon'ble
Division Bench in W.A. No.4189 of 2019, by its order dated 18.02.2020
and also by the Hon'ble Supreme Court of India in S.L.P. (Civil)
Nos.8513 to 8518 of 2020 by its order dated 24.09.2020.
https://www.mhc.tn.gov.in/judis
2/8
W.P. Nos.19199, 19200 and 19204 of 2022
Prayer in 19200 of 2022 : Writ Petition filed under Article 226 of the
Constitution of India, to issue a Writ of Mandamus, directing the
respondents 1 to 3 to allow the petitioner to migrate the utility change
from “Sale to Board”to “Group Captive Scheme”, with 'Banking facility'
by terminating the existing 'Wind Energy Purchase Agreements' dated
31.03.2022 pertaining to its Wind Mill bearing HTSC No.079224722777
and to execute fresh 'Energy Wheeling Agreements' under Group Captive
Scheme with banking facility by considering the Petitioner's
representation dated 20.04.2022 in consonance with Common Order
dated 30.08.2019 passed by this Hon'ble Court in W.P. No.5196 of 2019,
which was upheld by the Hon'ble Division Bench in W.A. No.4189 of
2019, by its order dated 18.02.2020 and also by the Hon'ble Supreme
Court of India in S.L.P. (Civil) Nos.8513 to 8518 of 2020 by its order
dated 24.09.2020.
Prayer in 19204 of 2022 : Writ Petition filed under Article 226 of the
Constitution of India, to issue a Writ of Mandamus, directing the
respondents 1 to 3 to allow the petitioner to migrate the utility change
from “Sale to Board”to “Group Captive Scheme”, with 'Banking facility'
by terminating the existing 'Wind Energy Purchase Agreements' dated
31.03.2022 pertaining to its Wind Mill bearing HTSC No.039224320222
and to execute fresh 'Energy Wheeling Agreements' under Group Captive
Scheme with banking facility by considering the Petitioner's
representation dated 20.04.2022 in consonance with Common Order
dated 30.08.2019 passed by this Hon'ble Court in W.P. No.5196 of 2019,
which was upheld by the Hon'ble Division Bench in W.A. No.4189 of
https://www.mhc.tn.gov.in/judis
3/8
W.P. Nos.19199, 19200 and 19204 of 2022
2019, by its order dated 18.02.2020 and also by the Hon'ble Supreme
Court of India in S.L.P. (Civil) Nos.8513 to 8518 of 2020 by its order
dated 24.09.2020.
For petitioner in all W.P.s : Mr.S. Senthil
For respondents in all W.P.s : Mr.Abul Kalam
Standing counsel for TNEB,
COMMON ORDER
These writ petitions have been filed for a Mandamus seeking for a direction to the first, second and third respondents to allow the utility change for the petitioners by terminating their respective existing Energy Purchase Agreements (EPAs) dated 31.03.2022 and 26.05.2022 for their WEG Nos. 079234724264 & 079234724265, 079224722777 and 039224320222 to execute fresh Energy Wheeling Agreement under Group Captive / captive consumption scheme 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.Abul Kalam, learned Standing Counsel for TANGEDCO accepts notice on behalf of the respondents. By consent of both parties, https://www.mhc.tn.gov.in/judis 4/8 W.P. Nos.19199, 19200 and 19204 of 2022 these writ petitions are taken up for final disposal in the admission stage itself.
3. Heard Mr.S. Senthil, learned counsel for the petitioners and Mr.Abul Kalam, learned Standing Counsel for the respondents.
4. The petitioners had earlier entered into Energy Purchase Agreements dated 31.03.2022 and 26.05.2022 respectively for their WEGs. Under the Energy Purchase Agreement, payments have not been made by the respondents. The petitioner seeks for conversion of the Energy Purchase Agreements to an Energy Wheeling Agreement under the group captive consumption/captive consumption scheme. 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 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) the 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) https://www.mhc.tn.gov.in/judis 5/8 W.P. Nos.19199, 19200 and 19204 of 2022
(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 W.P.No.5196 of 2018 etc. batch.
5. 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 petitioners to switch over to group consumption/ captive consumption/ third party sale, as the case may be, as per the request made by the petitioners;
(b) the respondent/TANGEDCO are directed to settle the respective dues to the petitioners 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 the order;
(c) Consequently, in view of permitting the petitioners to migrate from EPA to EWA, the proceedings issued by the 1st respondent deciding not to concede any request for migration is set aside.
https://www.mhc.tn.gov.in/judis 6/8 W.P. Nos.19199, 19200 and 19204 of 2022
6. Since the petitioners are also similarly placed, the directions issued by this Court earlier shall hold good for these petitioners also.
7. In terms of the above directions extracted supra, these writ petitions are disposed of. No costs.
29.07.2022 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 To
1. The Chairman cum Managing Director Tamilnadu Generation and Distribution Corporation Ltd. (TANGEDCO) 10th Floor, 144, Anna Salai, Chennai - 600 002.
2. The Chief Engineer, Non-Conventional Energy Sources (NCES), TANGEDCO, 2nd Floor, 144, Anna Salai, Chennai - 600 002.
https://www.mhc.tn.gov.in/judis 7/8 W.P. Nos.19199, 19200 and 19204 of 2022 ABDUL QUDDHOSE, J.
vsi2
3. The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.
4. The Superintending Engineer, TANGEDCO, Coimbatore South Electricity Distribution Circle, Coimbatore.
W.P. Nos.19199, 19200 and 19204 of 2022 29.07.2022 https://www.mhc.tn.gov.in/judis 8/8