THE WRIT PETITION AND THE MANDAMUS SOUGHT FOR IS ISSUED: HIGH COURT OF MADRAS

W.P.Nos.5459 5463 & 54622IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 10.03.2022CORAM:THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.Nos.5459 5463 & 54622Hi Tech Arai Private LimitedRep. by its Senior Manager Admin. HR. Pr.Mr.V.Shanmuga Sundaram No.33 Sarojini Street Chinna Chokkikulam Madurai 625 002.... Petitioner in all W.P. sVs1.TANGEDCO Rep. by its Chairman and Managing Director 10th Floor 144 Annai Salai Chennai 600 002.2.The Chief Engineer Non Conventional Energy SourcesTANGEDCO 2nd Floor 144 Anna Salai Chennai 600 002.4.Tamil Nadu Electricity Regulatory Commission Rep. by its Secretary 19 A Rukmini Lakshmipathi Salai Egmore Chennai 600 008.... Respondents in all W.P. s3.The Superintending Engineer TANGEDCO 1 8 https: www.mhc.tn.gov.in judis W.P.Nos.5459 5463 & 54622 Tirunelveli Electricity Distribution Circle Tirunelveli.... Respondent in W.P.No.545223.The Superintending Engineer TANGEDCO Palladam Electricity Distribution Circle Palladam.... Respondent in W.P.No.546223.The Superintending Engineer TANGEDCO Dindigul Electricity Distribution Circle Dindigul.... Respondent in W.P.No.54622PRAYER in W.P.No.54522: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents No.1 to 3 to allow the petitioner to migrate the utility change from “Sale to Board” to “Group Captive Scheme” by terminating the existing Wind Energy Purchase Agreement dated 30.09.2010 for their Wind Mill bearing present HTSC No.079224723429 and old WEG HTSC No.3429 and to execute fresh Energy Wheeling Agreement under Group Captive Scheme by considering the petitioner s representation dated 21.01.2022 and reminder representation dated 16.02.2022 in consonance with Common Order dated 30.08.2019 passed by this Hon ble Court which was upheld by the Hon ble Division Bench of this Hon ble Court by its order dated 18.02.2020 and also by the Hon ble Supreme Court of India by its order dated 24.09.2020 with consequentila direction directing the respondents No.1 to 3 to make outstanding payment of Rs.40 70 894 to the petitioner towards the wind energy sold by them to the 2 8 https: www.mhc.tn.gov.in judis W.P.Nos.5459 5463 & 54622respondent TANGEDCO for a period from 01.07.2020 to 30.11.2021 along with interest at 1% per month for delay in payments.PRAYER in W.P.No.54622: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents No.1 to 3 to allow the petitioner to migrate the utility change from “Sale to Board” to “Group Captive Scheme” by terminating the existing Wind Energy Purchase Agreement dated 27.07.2015 for their Wind Mill bearing present HTSC No.039224391285 and old WEG HTSC No.1570 and to execute fresh Energy Wheeling Agreement under Group Captive Scheme by considering the petitioner s representation dated 21.01.2022 and reminder representation dated 16.02.2022 in consonance with Common Order dated 30.08.2019 passed by this Hon ble Court which was upheld by the Hon ble Division Bench of this Hon ble Court by its order dated 18.02.2020 and also by the Hon ble Supreme Court of India by its order dated 24.09.2020 with consequentila direction directing the respondents No.1 to 3 to make outstanding payment of Rs.86 34 593 to the petitioner towards the wind energy sold by them to the respondent TANGEDCO for a period from 01.07.2020 to 31.12.2021 along with interest at 1% per month for delay in payments.PRAYER in W.P.No.54622: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of 3 8 https: www.mhc.tn.gov.in judis W.P.Nos.5459 5463 & 54622Mandamus directing the respondents No.1 to 3 to allow the petitioner to migrate the utility change from “Sale to Board” to “Group Captive Scheme” by terminating the existing Wind Energy Purchase Agreement dated 25.08.2015 for their Wind Mill bearing present HTSC No.059214500110 and old WEG HTSC No.110 and to execute fresh Energy Wheeling Agreement under Group Captive Scheme by considering the petitioner s representation dated 21.01.2022 and reminder representation dated 16.02.2022 in consonance with Common Order dated 30.08.2019 passed by this Hon ble Court which was upheld by the Hon ble Division Bench of this Hon ble Court by its order dated 18.02.2020 and also by the Hon ble Supreme Court of India by its order dated 24.09.2020 with consequentila direction directing the respondents No.1 to 3 to make outstanding payment of Rs.33 83 621 to the petitioner towards the wind energy sold by them to the respondent TANGEDCO for a period from 01.07.2020 to 31.12.2021 along with interest at 1% per month for delay in payments.(In all W.P. s)For Petitioner : Mr.S.SenthilFor Respondents: Mr.Abul Kalam Standing Counsel O R D E R4 8 https: www.mhc.tn.gov.in judis W.P.Nos.5459 5463 & 54622Mr.Abul Kalam learned Standing Counsel accepts notice for the respondents and is armed with instructions to proceed with the matters finally. Hence by consent of both counsel these writ petitions are disposed finally even at the stage of admission.2. The prayers of the petitioner in all Writ Petitions is for a mandamus directing the respondents to permit the Utility Change to them by terminating the existing Energy Purchase Agreements and executing fresh Energy Wheeling Agreements.3. An identical prayer was made in the case of other similarly placed petitioners and has come to be accepted by this Court in W.P.No.51919 etc. batch by a learned single Judge of this Court vide order dated 30.08.2019 operative portion of which reads as follows: 29. Thus for the reasons stated above the writ petitions deserve to be allowed with the following directions the respondents TANGEDCO are directed to permit the petitioners to switch over to captive consumption so as to use the same for their own industry the respondents TANGEDCO are directed to settle the respective dues to the petitioners 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. 5 8 https: www.mhc.tn.gov.in judis W.P.Nos.5459 5463 & 54622(c) Consequently in view of permitting the petitioners to migrate from EPA to EWA the proceedings dated 20.05.2017 of the first respondent deciding not to concede any request for migration is set aside. 4. The aforesaid order is confirmed in W.A.No.41819 vide order dated 18.02.2020 which has also been confirmed in SLP Nos.8513 to 85120 by order of the Hon ble Supreme Court dated 24.09.2020.5. The aforesaid orders have also been consistently followed by this Court thereafter. In view of the admitted identity in facts and legal position the aforesaid orders are taken to be passed in the present matters as well.6. These Writ Petitions are allowed as above and the mandamus sought for is issued including the specific direction for settlement of dues to the petitioners. No costs. 10.03.2022sl kbsInternet: Yes NoIndex : Yes NoSpeaking Order Non Speaking OrderTo6 8 https: www.mhc.tn.gov.in judis W.P.Nos.5459 5463 & 546221.Chairman and Managing Director TANGEDCO 10th Floor 144 Annai Salai Chennai 600 002.2.The Chief Engineer Non Conventional Energy SourcesTANGEDCO 2nd Floor 144 Anna Salai Chennai 600 002.3.Secretary Tamil Nadu Electricity Regulatory Commission 19 A Rukmini Lakshmipathi Salai Egmore Chennai 600 008.4.The Superintending Engineer TANGEDCO Tirunelveli Electricity Distribution Circle Tirunelveli.5.The Superintending Engineer TANGEDCO Palladam Electricity Distribution Circle Palladam.6.The Superintending Engineer TANGEDCO Dindigul Electricity Distribution Circle Dindigul.DR.ANITA SUMANTH J.7 8 https: www.mhc.tn.gov.in judis W.P.Nos.5459 5463 & 54622sl kbsW.P.Nos.5459 5463 &5462210.03.20228 8 

Summary:  The HIGH COURT OF MADRAS in the Writ petition Nos. 5459, 5463 &amp; 5465 of 2022 in the case of HI-TECH ARAI PRIVATE LIMITED v. TANGEDCO, THE CHIEF ENGINEER &amp; TAMIL NADU ELECTRICITY REGULATORY COMMISSION has allowed these writ petitions and the mandamus sought for is issued including the specific direction for settlement of dues to the petitioner. The petitioner has filed the writ petition under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the respondents to allow the petitioner to migrate the utility change from “Sale to Board” to “Group Captive Scheme”, by terminating the existing ‘Wind Energy Purchase Agreement’ for their Wind Mill bearing present HTSC No.079224723429 and old WEG HTSC No.3429 and to execute fresh ‘Energy Wheeling Agreement’ under Group Captive Scheme by considering the petitioner’s representation and reminder representation in consonance with Common Order dated 30.08.2019 passed by this Hon’ble Court, which was upheld by the Hon’ble Division Bench of this Hon’ble Court, by its order dated 18.02.2020 and also by the Hon’ble Supreme Court of India by its order dated 24.09.2020 with consequential direction the respondents to make outstanding payment of Rs.40,70,894/- to the petitioner towards the wind energy sold by them to the respondent/TANGEDCO for a period from 01.07.2020 to 30.11.2021 along with interest at 1% per month for delay in payments. The prayers of the petitioner in all Writ Petitions is for a mandamus directing the respondents to permit the Utility Change to them by terminating the existing Energy Purchase Agreements and executing fresh Energy Wheeling Agreements. Mr. Abul Kalam, learned Standing Counsel accepts notice for the respondents and is armed with instructions to proceed with the matters finally. Hence, by consent of both counsel, these writ petitions are disposed finally even at the stage of admission. These Writ Petitions are allowed as above and the mandamus sought for is issued including the specific direction for settlement of dues to the petitioners.