High Court · 2025

W.M.P.Nos.11163 & 11165 of 2022inW.P.Nos.25612 & 25616 of 2021IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 28.01.2025CORAM :THE HONOURABLE MR. JUSTICE M. DHANDAPANIW.M.P.Nos.11163 & 11165 of 2022inW.P.Nos.25612 & 25616 of 2021M/s.Sri Balaji & Co.Adm. off No.405, Maker Chamber V,4th Floor, Nariman Point, Mumbai – 400 021,Repd by its Authorized Signatory,R Venkatachalam... Petitioner in W.M.P.No.11163 of 2022M/s.Shree Siddhivinayaka Cotton Corporation,Adm. off No.405, Maker Chamber V,4th Floor, Nariman Point, Mumbai – 400 021,Repd by its Authorized Signatory,R Venkatachalam... Petitioner in W.M.P.No.11165 of 2022Vs.1.Tamilnadu Generation and Distribution Corporation Ltd., (TANGEDCO), 10th Floor, 144, Anna Salai, Chennai – 600 002, Represented by its Chairman cum Managing Director.2.The Chief Engineer, NCES, TANGEDCO,Page No.1 of 8 https://www.mhc.tn.gov.in/judis W.M.P.Nos.11163 & 11165 of 2022inW.P.Nos.25612 & 25616 of 2021 2nd Floor, 144, Anna Salai, Chennai – 600 002.... Respondents 1 and 2 in both petitions3.The Superintending Engineer, TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.... 3rd respondent in W.M.P.No.11163 of 20224.The Superintending Engineer, TANGEDCO, Theni Electricity Distribution Circle, Theni.... 3rd respondent in W.M.P.No.111665 of 20225.Tamilnadu Electricity Regulatory Commission, 19-A, Rukumini Lakshmipathy Salai, Egmore, Chennai – 600 008. Represented by its Secretary.... 4th respondent in both petitionsPrayer in W.M.P.No.11163 of 2022 : Writ Miscellaneous Petition filed under Article 226 of the Constitution of India seeking to amend the prayer as For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a Writ of Mandamus, directing the 1st, 2nd and 3rd respondents to allow the Utility Change to the petitioner by terminating the existing Energy Purchase Agreements dated 27.03.2010 for their WEG Nos.039224340903 (Old No.1768) and execute fresh Energy Wheeling Agreement under Group Captive scheme as per the Common Order of the Hon'ble High Court of Judicature at Madras dated Page No.2 of 8 https://www.mhc.tn.gov.in/judis W.M.P.Nos.11163 & 11165 of 2022inW.P.Nos.25612 & 25616 of 202130.08.2019 which was upheld by the Hon'ble Divisional Bench dated 18.02.2020 and also by the Hon'ble Supreme Court of India dated 24.09.2020 and make outstanding payment of Rs.95,14,195/- to the petitioner towards the wind energy sold by the petitioner for the period from September 2020 to August /2021 as per their respective invoices along with interest at 1% per month for any delay in payments and pass such further or other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and thus render justice.Instead ofWrit of Mandamus, directing the 1st, 2nd and 3rd respondents to allow the Utility Change to the petitioner by terminating the existing Energy Purchase Agreements dated 27.03.2010 for their WEG Nos.039224340904 (Old No.1768) and execute fresh Energy Wheeling Agreement under Group Captive scheme as per the common order of the Hon'ble High Court of Judicature at Madras dated 30.08.2019 which was upheld by the Hon'ble Division Bench dated 18.02.2020 and also by the Hon'ble Supreme Court of India dated 24.09.2020 and make outstanding payment of Rs.95,14,195/- to the petitioner towards the wind energy sold by the petitioner for the period from September 2020 to August /2021 as per their respective invoices along with interest at 1% per month for any delay in payments and pass such further or other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and thus render justice.Page No.3 of 8 https://www.mhc.tn.gov.in/judis W.M.P.Nos.11163 & 11165 of 2022inW.P.Nos.25612 & 25616 of 2021Prayer in W.M.P.No.11165 of 2022 : Writ Miscellaneous Petition filed under Article 226 of the Constitution of India seeking to amend the prayer as For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a Writ of Mandamus, directing the 1st, 2nd and 3rd respondents to allow the Utility Change to the petitioner by terminating the existing Energy Purchase Agreements dated 27.03.2010 for their WEG Nos.059224760256 (Old No.T71) and execute fresh Energy Wheeling Agreement under Group Captive scheme as per the Common Order of the Hon'ble High Court of Judicature at Madras dated 30.08.2019 which was upheld by the Hon'ble Divisional Bench dated 18.02.2020 and also by the Hon'ble Supreme Court of India dated 24.09.2020 and make outstanding payment of Rs.1,72,85,525/- to the petitioner towards the wind energy sold by the petitioner for the period from July/2020 to September/2021 as per their respective invoices along with interest at 1% per month for any delay in payments and pass such further or other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and thus render justice.Instead ofWrit of Mandamus, directing the 1st, 2nd and 3rd respondents to allow the Utility Change to the petitioner by terminating the existing Energy Purchase Agreements dated 27.03.2010 for their WEG Page No.4 of 8 https://www.mhc.tn.gov.in/judis W.M.P.Nos.11163 & 11165 of 2022inW.P.Nos.25612 & 25616 of 2021Nos.059334760256 (Old No.T71) and execute fresh Energy Wheeling Agreement under Group Captive scheme as per the common order of the Hon'ble High Court of Judicature at Madras dated 30.08.2019 which was upheld by the Hon'ble Division Bench dated 18.02.2020 and also by the Hon'ble Supreme Court of India dated 24.09.2020 and make outstanding payment of Rs.1,72,85,525/- to the petitioner towards the wind energy sold by the petitioner for the period from July/2021 to September/2021 as per their respective invoices along with interest at 1% per month for any delay in payments and pass such further or other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and thus render justice.For Petitioner(in both petitions):Mr.M.Saravanakumar*****COMMON ORDERWhen these matters were taken up for hearing today, learned counsel appearing for the respective petitioner sought permission of this Court to withdraw these Petitions. An Endorsement to the said effect is also made by the learned counsel for the respective petitioner in the Petitions today.Page No.5 of 8 https://www.mhc.tn.gov.in/judis W.M.P.Nos.11163 & 11165 of 2022inW.P.Nos.25612 & 25616 of 20212. Recording the submission of the learned counsel for the respective petitioner, these writ miscellaneous petitions are dismissed as withdrawn. No costs.28.01.2025Index : Yes / NoSpeaking order / Non-speaking orderspPage No.6 of 8 https://www.mhc.tn.gov.in/judis W.M.P.Nos.11163 & 11165 of 2022inW.P.Nos.25612 & 25616 of 2021To1.The Chairman cum Managing Director, Tamilnadu 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 – 600 002.3.The Superintending Engineer, TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.4.The Superintending Engineer, TANGEDCO, Theni Electricity Distribution Circle, Theni.5.The Secretary, Tamilnadu Electricity Regulatory Commission, 19-A, Rukumini Lakshmipathy Salai, Egmore, Chennai – 600 008.Page No.7 of 8 https://www.mhc.tn.gov.in/judis W.M.P.Nos.11163 & 11165 of 2022inW.P.Nos.25612 & 25616 of 2021M.DHANDAPANI, J.spW.M.P.Nos.11163 & 11165 of 2022inW.P.Nos.25612 & 25616 of 202128.01.2025Page No.8 of 8