Madras High Court
Orange Valley Windmills Pvt Ltd vs Tamil Nadu Generation And Distribution on 26 October, 2021
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.No.22695 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.10.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.22695 of 2021
and W.M.P.No.23924 of 2021
Orange Valley Windmills Pvt Ltd
WF HTSC No.2151, 4/244/1, Kppatti
Kannerimukku Post, Kotagiri-643217
Rep.by its Managing Director, Salim Deen ... Petitioner
-Vs-
1 Tamil Nadu Generation and Distribution
Corporation Ltd (TANGEDCO) 10th
floor 144 Anna salai chennai-600 002 Rep
by its Chairman Cum Managing Director
2 The Chief Engineer / NCES
TANGEDCO, 2nd Floor 144
Anna salai chennai-600002
3 The Superintending Engineer
Tirunelveli Electricity Distribution circle
Tirunelveli
4 Tamil Nadu Electricity Regulatory Commission
19-A Rukumini Lakshmipathy salai Egmore
Chennai-600008 Rep by its secretary
…. Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the
issuance of a Writ of Mandamus directing the 1st and 2nd and 3rd respondent to
allow utility change by terminating the existing Energy Purchase Agreement dated
1/6
https://www.mhc.tn.gov.in/judis/
W.P.No.22695 of 2021
15.07.2017 and execute fresh Energy Wheeling Agreement for own Captive
Consumption of the energy Generated in petitioners WEG No.2151 and execute fresh
Energy Purchase Agreement under Group Captive Scheme as per the common order
of the Honourble High court of Judicature at Madras dated 30.8.2019 which was
upheld by the Honourable Division bench dated 18.2.2020 and also by the Honourable
Supreme court of India dated 24.9.2020 and consequently make payment of
Rs.29,28,128/- towards the wind energy sold from the petitioners WEG for the period
from August 2019 to till date as per their respectively invoices along with interest at 1
Percentage per month for any delay in payments.
For Petitioner : Mr.R.S.Pandiyaraj
For Respondents : Mr.M.Abul Kalam, Standing Counsel
ORDER
Heard Mr.R.S.Pandiyaraj, learned Counsel appearing for the petitioner and Mr.Abul Kalam, learned Standing Counsel appearing for the respondents and perused the documents available on record.
2. The issue involved in the present writ petition is for a direction against the respondent nos.1, 2 & 3, to convert the existing EPA dated 15.07.2017 executed for the arrangement of Sale of Board, into an EWA for the arrangement of the Captive Consumption of the wind energy of the windmill having WEG No.2151 at the spinning mill of the petitioner.
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3. The learned counsel for the writ petitioner submitted that earlier, for the similar prayer, a batch of writ petitions have been filed before this Court in W.P.Nos. 5196, 11725, 8459 & 8463 of 2019 and 6694 & 1275 of 2021. This Court by common order dated 30.08.2019 allowed the writ petitions and granted relief to the petitioners. Challenging the same, the respondent/TANGEDCO preferred an appeal before this Court in W.A.Nos. 4189 of 2019 etc batch and the same was dismissed by the First Bench of this Court by judgment dated 18.02.2020, confirming the order passed in the writ petitions. It was further confirmed by the Hon'ble Supreme Court by order dated 24.09.2020, wherein, the Special Leave Petition filed by TANGEDCO was dismissed, confirming the order passed by this Court in Writ Petitions and Writ Appeal.
4. In view of the above, the present writ petition deserves to be allowed with the following directions;
i. the respondent/TANGEDCO are directed to permit the petitioner to switch over to captive consumption/third party sale, as the case may be, as per the request made by the petitioner. ii. 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 this order. 3/6 https://www.mhc.tn.gov.in/judis/ W.P.No.22695 of 2021 iii. Consequently, in view of permitting the petitioners to migrate from EPA to EWA, the proceedings dated 20.05.2017 issued by the 1st respondent deciding not to concede any request for migration is set aside.
5. In fine, with the above directions, the writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.
26.10.2021 Index :Yes/No Internet : Yes/No KST 4/6 https://www.mhc.tn.gov.in/judis/ W.P.No.22695 of 2021 To 1 The Chairman and Managing Director Tamil Nadu Generation and Distribution Corporation Ltd (TANGEDCO) 10th floor 144 Anna salai chennai-600 002.
2 The Chief Engineer NCES, TANGEDCO 2nd Floor 144 Anna salai Chennai-600002 3 The Superintending Engineer Tirunelveli Electricity Distribution circle Tirunelveli 4 The Secretary, Tamil Nadu Electricity Regulatory Commission 19-A Rukumini Lakshmipathy salai Egmore Chennai-600008 Rep by its secretary 5/6 https://www.mhc.tn.gov.in/judis/ W.P.No.22695 of 2021 N.ANAND VENKATESH, J.
kst W.P.No.22695 of 2021 26.10.2021 6/6 https://www.mhc.tn.gov.in/judis/