Madras High Court
K.S.Kamalakannan vs Tamilnadu Generation And Distribution on 10 June, 2022
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.No.14336 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.14336 of 2022
K.S.Kamalakannan ... 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,
Palladam Electricity Distribution Circle,
Palladam.
4.Director Finance,
Tamil Nadu Generation and Distribution
Corporation Limtied, 144, Anna Salai,
Chennai – 600 002. ...Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.14336 of 2022
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 that
utility change to the petitioner by terminating the existing Energy Purchase
Agreements dated (EPAs) dated 07.01.2016 for their WEG
Nos.079234724299 and execute fresh Energy Wheeling Agreement under
third party sale 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
07.01.2016 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.Abul Kalam,
Standing Counsel
ORDER
This writ petition has been filed for a mandamus seeking for a 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 07.01.2016 for their WEG Nos.079234724299 and execute fresh Energy Wheeling Agreement under third party sale as per the Common Order of this Court dated 30.08.2019 passed in W.P.No.5196 2/6 https://www.mhc.tn.gov.in/judis W.P.No.14336 of 2022 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 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.Abul Kalam, learned Standing Counsel for the respondents.
4. The petitioner had earlier entered into a Energy Purchase Agreement dated 07.01.2016 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 an Energy Wheeling Agreement under the third party sale. In similar circumstances, in respect of other companies who had also entered into Energy Purchase Agreements and payments were defaulted, the writ petitions were filed and they were allowed to convert Energy Purchase 3/6 https://www.mhc.tn.gov.in/judis W.P.No.14336 of 2022 Agreement into Energy Wheeling Agreement under the third party sale. 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)
(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.
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 4/6 https://www.mhc.tn.gov.in/judis W.P.No.14336 of 2022 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 1st respondent deciding not to concede any request for migration is set aside.
7. Since the petitioner is also similarly placed as that of the petitioners therein, the directions issued in their favour as stipulated supra, shall hold good for this petitioner also.
8. In terms of the above directions, this writ petition is disposed of. No costs.
10.06.2022 nl Index:Yes/No Internet:Yes/No Speaking/Non-speaking orders 5/6 https://www.mhc.tn.gov.in/judis W.P.No.14336 of 2022 ABDUL QUDDHOSE, J.
nl 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, Palladam Electricity Distribution Circle, Palladam.
4.Director Finance, Tamil Nadu Generation and Distribution Corporation Limtied, 144, Anna Salai, Chennai – 600 002.
W.P.No14334 & 14336 of 2022 10.06.2022 6/6 https://www.mhc.tn.gov.in/judis