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

The HIGH COURT OF MADRAS in the Writ petition Nos. 5459, 5463 & 5465 of 2022 in the case of HI-TECH ARAI PRIVATE LIMITED v. TANGEDCO, THE CHIEF ENGINEER & 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.

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Written by- Apeksha Khandelwal, Legal Assistant

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