Madras High Court
M/S. Tara Green Power Pvt. Ltd., vs Tamil Nadu Power Distribution ... on 27 March, 2026
Author: M.Dhandapani
Bench: M.Dhandapani
WP No. 12242 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-03-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI
WP No. 12242 of 2026 and WP NO. 12249 OF 2026
AND
WMP NO. 13366 OF 2026,WMP NO. 13367 OF 2026,WMP NO. 13378 OF
2026,WMP NO. 13380 OF 2026,
M/s. Tara Green Power Pvt. Ltd.,
402/2 , Andavar Street,
Erode 638 011
Repd. Authorized signatory,
S.Ramakrishna
..Petitioner(s)
Vs
1. Tamil Nadu Power Distribution Corporation
Ltd (tnpdcl),
10th floor, 144, Anna salai, Chennai-600 002,
Rep by its chairman and Managing director
2. Tamilnadu Green Energy Corporation Ltd
(tngecl)
10th floor, 144, Anna salai, Chennai-600 002,
Rep by its Managing director
3. The Chief Engineer/nces,(tngecl)
2nd Floor, 144, Anna salai, Chennai-600 002
4. The Superintending Engineer,
TNPDCL,
Tirunelveli Electricity distribution circle,
Tirunelveli
..Respondent(s)
WP No. 12249 of 2026
M/s. Tmv Energy Resources Pvt ltd
820-A,9th North street
Thiyagaraja Nagar,
Tirunelveli-627 011
Repd its Director T.Manickavasagam
__________
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WP No. 12242 of 2026
..Petitioner(s)
Vs
1. Tamil Nadu Power Distribution Corporation
Ltd (tnpdcl),
10th floor, 144, Anna salai, Chennai-600 002,
Rep by its chairman and Managing director
2. Tamilnadu Green Energy Corporation Ltd
(tngecl)
10th floor, 144, Anna salai, Chennai-600 002,
Rep by its Managing director
3. The Chief Engineer/nces,(tngecl)
2nd Floor, 144, Anna salai, Chennai-600 002
4. The Superintending Engineer,
TNPDCL,
Tirunelveli Electricity distribution circle,
Tirunelveli.
..Respondent(s)
Prayer: Writ Petition is filed under Article 226 of the Constitution of India
praying for issuance of writ of Certiorarified Mandamus calling for the records
of the 3rd respondents impugned original Proceedings in (Per) FB TNPDCL
proceedings No.44 dated 01.08.2023 and quash the same as illegal, arbitrary ,
contemptuous and as abuse of process of court and consequently direct the 2nd
to 4th respondents to allow utility change / Migration in petitioners WEG No.
079224723115 , 079224723274 , 079224723281 and 079304723691 by
terminating the existing Energy Purchase Agreements (EPA) dated 1.09.2025
and execute a fresh energy Wheeling Agreement (EWA) under the captive/
Group captive and 3rd party sale schemes and further direct to make payment of
the outstanding dues payable to the petitioner, towards the wind energy sold by
the petitioner towards the wind energy sold by the petitioner till the date of the
termination of the EPA dated 1.09.2025 as per their respective invoices along
with interest at 1 percent per month for the if any delay in payments within a
reasonable time and to pass
__________
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WP No. 12242 of 2026
WP No. 12249 of 2026
Prayer: Writ Petition is filed under Article 226 of the Constitution of India
praying for issuance of writ of Certiorarified Mandamus calling for the records
of the 3rd respondents impugned original Proceedings in (Per) FB TNPDCL
proceedings No.44 dated 01.08.2023 and quash the same as illegal, arbitrary ,
contemptuous and as abuse of process of court and consequently direct the 1st
and 2nd respondents to strictly comply with the provisions of the constitution of
India as enshrined under Article 300A and to confine the respondents within the
statutory provisions and limits of the Electricity Act 2003 in the matter of
allowing the utility changes / Migration from converting the existing energy
purchase Agreement to Energy wheeling agreement and further direct the 2nd
3rd respondents to allow utility change/Migration in petitioners WEG No.
079304724063 by terminating the existing Energy Purchase Agreements (EPA)
dated 27.03.2012 and direct to execute a fresh energy Wheeling Agreement
(EWA) under the captive/ Group captive and 3rd party sale schemes and further
direct to make payment of the outstanding dues payable to the petitioner,
towards the wind energy sold by the petitioner towards the wind energy sold by
the petitioner till the date of the termination of the EPA dated 27.03.2012 as per
their respective invoices along with interest at 1 percent per month for the if any
delay in payments within a reasonable time and to pass
For Petitioner(s) in both Mr.M.Saravana Kumar
petitions:
For Respondent(s) in Mr.D.R.Arun Kumar, standing counsel for TNEB
both petitions:
Common Order
These writ petitions are filed for the following relief:
__________ Page3 of 7 https://www.mhc.tn.gov.in/judis WP No. 12242 of 2026 to call for the records of the 3rd respondents impugned original Proceedings quash the same and direct the 2nd to 4th respondents to allow utility change / Migration in petitioners WEG No. 079224723115 , 079224723274 , 079224723281, 079304723691 and 079304724063 by terminating the existing Energy Purchase Agreements (EPA) and execute a fresh energy Wheeling Agreement (EWA) under the captive/ Group captive and 3rd party sale schemes and further direct to make payment of the outstanding dues payable to the petitioner, towards the wind energy sold by the petitioner towards the wind energy sold by the petitioner till the date of the termination of the EPA as per their respective invoices along with interest at 1 percent per month for the if any delay in payments
2. The learned counsel for the petitioner submitted that this writ petition is covered by the earlier order passed in WP.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:
__________ Page4 of 7 https://www.mhc.tn.gov.in/judis WP No. 12242 of 2026 ‘’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, ~.the 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 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 Honble 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.
__________ Page5 of 7 https://www.mhc.tn.gov.in/judis WP No. 12242 of 2026
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 petitioners WEG No.039214340843 as one of Energy 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.’’
3. In view of the above, these writ petitions are allowed in terms of the order passed in WP.No.13729 of 2025 dated 22.04.2025. No costs.
Consequently, connected miscellaneous petitions are closed.
27-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SK To
1. Tamil Nadu Power Distribution Corporation Ltd (tnpdcl), 10th floor, 144, Anna salai, Chennai-600 002, Rep by its chairman and Managing director
2. Tamilnadu Green Energy Corporation Ltd (tngecl) 10th floor, 144, Anna salai, Chennai-600 002, Rep by its Managing director
3. The Chief Engineer/nces,(tngecl) 2nd Floor, 144, Anna salai, Chennai-600 002
4. The Superintending Engineer, TNPDCL,Tirunelveli Electricity distribution circle, Tirunelveli __________ Page6 of 7 https://www.mhc.tn.gov.in/judis WP No. 12242 of 2026 M.DHANDAPANI J.
sk WP No. 12242 of 2026 AND WMP NO. 13366 OF 2026,WMP NO. 13367 OF 2026,WMP NO. 13378 OF 2026,WMP NO. 13380 OF 2026,WP NO. 12249 OF 2026 27-03-2026 __________ Page7 of 7 https://www.mhc.tn.gov.in/judis