Allowed

Sundar sons (India) Exports v. Tamilnadu Generation and Distribution

Madras HC27 Aug 2021WP/17828/2021

Case brief

AI extract

What is this about?

The Madras High Court allowed a writ petition seeking a direction to convert an Energy Purchase Agreement into an Energy Wheeling Agreement for captive consumption of wind energy. The court directed the respondent utility to permit the switch, settle dues with interest, and set aside prior orders denying migration. The petition was allowed in view of previous higher court confirmations.

What did the court decide?

Petitioner directed to switch to captive consumption (EWA), respondent to settle dues with interest within two months, and previous proceedings refusing migration set aside.

Sundar sons (India) Exports Vs Tamilnadu Generation… — Service and Employment | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 27.08.2021

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CORAM :

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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WRIT PETITION NO.17828 OF 2021
AND
W.M.P.NO.19041 OF 2021

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Sundar Sons (India) Exports
WF HTSC No.403 (Old No.336), A1 SIDCO
Industrial Estates, Salem-4
Rep.by its Authorised Signatory
M.Chockalingam

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...Petitioner

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-Vs-

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1 Tamil Nadu Generation and Distribution,
 Corporation Ltd (TANGEDCO),
 10th floor, 144, Anna salai, chennai-600 002.
 Rep by its Chairman Cum Managing Director.

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2 The Chief Engineer,
 TANGEDCO 2nd Floor, 144, Anna salai,
 Chennai-600002.

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3 The Superintending Engineer, TANGEDCO,
 Palladam Electricity Distribution circle,
 Palladam.

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4 Tamil Nadu Electricity Regulatory Commission, 19-A, Rukumini Lakshmipathy Salai, Egmore, Chennai-600 008 Rep by its secretary.

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...Respondents

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https://hcservices.ecourts.gov.in/hcservices/

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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
01.03.2005 and execute fresh Energy Wheeling Agreement for own
Captive Consumption of the energy Generated in petitioners WF
HTSC No.403 (Old No.336) 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.27,66,182/-
towards the wind energy sold from the petitioners WEG for the
period from 04 /2018 to till date as per their respectively
invoices along with interest at 1 Percentage per month for any
delay in payments.

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For Petitioner :Mr.R.S.Pandiyaraj
For Respondents :Mr.Abul Kalam,
Standing Counsel

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O R D E R

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 Heard Mr.R.S.Pandiyaraj, learned Counsel appearing for
the petitioner and Mr.M.Abul Kalam, learned Standing Counsel
appearing for the respondents and perused the documents
available on record.

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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 01.03.2005 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 WF HTSC
No.403 (Old No.336) 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

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https://hcservices.ecourts.gov.in/hcservices/

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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.

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4. In view of the above, the present writ petition

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deserves to be allowed with the following directions;

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i. the respondent/TANGEDCO are directed to permit the petitioner to switch over to captive consumption, so as to use the same for their own industry.

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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.

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iii.Consequently, in view of permitting the petitioners to migrate from EPA to EWA, the proceedings dated 20.09.2017 issued by the 1st respondent deciding not to concede any request for migration is set aside.

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5. In fine, with the above directions, the writ petition
stands allowed. No costs. Consequently, connected miscellaneous
petition is closed.

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Assistant Registrar(CS-II)

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// True Copy //

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Sub Assistant Registrar

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KST

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https://hcservices.ecourts.gov.in/hcservices/

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To

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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,
 Non-Conventional Energy sources TANGEDCO,
 2nd Floor, 144, Anna salai, Chennai-600002.
3 The Superintending Engineer,
 Palladam Electricity Distribution circle,
 Palladam.
4 The Secretary,
 Tamil Nadu Electricity Regulatory Commission,
 19-A, Rukumini Lakshmipathy salai, Egmore,
 Chennai-600 008.
+1cc to Mr.R.S.Pandiyaraj, Advocate, S.R.No.43978

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W.P.No.17828 of 2021
& WMP No.19041 of 2021

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PMK(CO)
RLP(21/09/2021)

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https://hcservices.ecourts.gov.in/hcservices/

Sundar sons (India) Exports v. Tamilnadu Generation and Distribution

Case brief

What is this about?

What did the court decide?

Sundar sons (India) Exports v. Tamilnadu Generation and Distribution

Case brief

What is this about?

What did the court decide?

What the court decided

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