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The relief sought for in the present writ petition is for a direction to direct the 2nd Respondent to issue working instructions in order to implement the Hon'ble TNERC order in DRP No.19 of 2013 dated 19.1.2015 which has also be confirmed by the Hon'ble APTEL in Appeal No.53 of 2016 and also to implement the order of 3rd respondent Hon'ble TNERCs order in R.A. No.06 of 2013 dated 31.03.2016 in so far as REC windmill adjustments are concerned and consequently direct the 3rd respondent to give adjustment of https://www.mhc.tn.gov.in/judis 3186365 Units of REC Wind energy generated in the petitioner's REC WEG No.4043, which was illegally allowed to lapse for the period from 04/2012 to 04/2016.

3. All the wind mills set up are for captive consumption with adjustment through respective wheeling agreements. The petitioner accordingly, wheels and adjusts the energy so generated from the wind mills and is being paid for the units that remained unadjusted at the end of the financial year at applicable and specified rates in accordance with the regime pertaining to the date of commissioning of WEG except for the 5th windmill. The 5th windmill is covered under REC mechanism, which is not originally eligible for the banking arrangement of surplus energy as per the orders of the TNERC in Order No.6/2012 dated 31.07.2012 and however reversed by the Appellate Tribunal for Electricity, New Delhi to provide banking through its order dated 24.05.2013 in Appeal No.208 of 2012 and accordingly, the matter has been reviewed by the State Commission in R.A.No.6 of 2013 https://www.mhc.tn.gov.in/judis dated 31.03.2016 and the benefit of one year banking facility has been extended to REC Captive users as well and encashment of lapsed unit at 75% of the applicable rate of REC users.