Sakthi Auto Component Ltd., v. Tamil Nadu Power Distribution Corporation Ltd (Tnpdcl),

Order This Writ Petition has been filed challenging the order passed by the first respondent dated 01.08.2023 and seeking a direction to 2nd to 4th Respondents to allow Utility Change / Migration in Petitioner's WEG No.079204740101 by terminating the existing Energy Purchase Agreement (EPA) dated 01.10.2017 and execute a fresh Energy Wheeling Agreement (EWA) under the own Captive Schemes and further direct to make payment of the outstanding dues payable to the petitioner, towards the wind energy sold by the Petitioner till the date of the termination of the EPA dated 01.10.2017 as per their respective invoices along with interest at 1 percent per month if any delay in payment within a reasonable time. Page3 of 8

¶2Learned counsel for petitioner and respondents would submit in unison that under similar circumstances, this Court in W.P.No.13729 of 2025 vide order dated 22.04.2025, issued the following directions and that the same directions may be issued in this writ petition: "8. It can be seen that identical board proceedings have been set aside by this Court by the order dated 30.08.2019 and the said order stood confirmed upto the Hon'ble Supreme Court of India. The only argument that is made is that the Board has revisited based on the late payment surcharge charges. That again was again the subject matter of Division Bench of this Court of which I am also one of the member (Mr.Justice D.Bharatha Chakravarthy) and by an order dated

03.01.2023 it was held as follows and it is essential to extract paragraph Nos.2 & 5 which reads as under: "2. Mr.P.S.Raman, learned Senior Counsel appearing for the petitioners/appellants submitted that the impugned orders of the learned Single Judge passed in the writ petitions are patently unsustainable, in view of the Electricity (Late Payment Surcharge and Related Matters) Rules, 2022 (for short, -"the said Rules") notified by the Ministry of Power. Rules 3 and 5 of the said Rules enable the petitioners/appellants to make the payment of arrears to the respondent along with late payment surcharge from the date of default. The said Rules are retrospective in nature and Page4 of 8 applicable for all the cases irrespective of the dates of default, Therefore, the impugned orders of the learned Single Judge are liable to go.

¶5Learned counsel appearing for the respondent heavily opposed the prayer to condone the delay and submitted that the delay of 237, 252 and 258 days in filing the writ appeals against the orders dated 7.3.2022, 25.3.2022 and 28.3.2022 passed in W.P.Nos.4933, 6977 and 6938 of 2022 has not been sufficiently explained by the petitioners/appellants. Secondly, the learned Single Judge, in the impugned orders, has followed the similar order dated 30.8.2019 passed in W.P.No.5196 of 2019 etc., which was affirmed by a Division Bench of this Court in its judgment dated

18.2.2020 in W.A.No.4189 of 2019, which has also been confirmed by the Apex Court vide order dated

24.9.2020 in S.L.P.Nos.8513~8518 of 2020. Therefore, there is no bonafide in filing the petitions to condone the delay and there is no merit in the writ appeals. Thus, a prayer has been made to dismiss the delay condonation petitions as well as the writ appeals."

¶9On the above findings, again the orders impugned were set aside and taking note of the earlier round of litigation which ultimately was dismissed by the Hon'ble Supreme Court of India in SPL.Nos.8513-8518 of 2020. In view thereof, the contention that is made on behalf of the Learned Counsel for the respondents are unsustainable. Since Page5 of 8 the matter has already been decided in the previous round, once again similar orders cannot be repeatedly passed by the respondent Board.

¶10Therefore, this writ petition is allowed on the following terms:

(i) The impugned orders dated 01.08.2023 and

28.02.2024 shall stand quashed and consequently the respondents 3 to 5 are directed to convert the Energy Purchase Agreement (EPA) in respect of petitioner's WEG No.039214340843 as one of Energy Wheeling Agreement

(EWA) and permit the petitioner to consume the power for its own purposes.

(ii) With reference to the arrears, in view of the statements that is made in paragraph No.9 that the TNPDCL is taking steps to clear the outstanding dues along with interest, it shall be done within a period of eight (8) weeks from the date of receipt of the web copy of the order. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed."

¶3In view of the same, this Writ Petition is disposed of on the following terms:

(i) The impugned order dated 01.08.2023 shall stand quashed and consequently the respondents 2 to 4 are directed to convert the Energy Purchase Agreement (EPA) in respect of petitioner's WEG No. 079204740101 as one of Energy Wheeling Agreement (EWA) and permit the petitioner to consume the power for its own purposes. Page6 of 8

(ii) With reference to the arrears, in view of the statements that is made in paragraph No.9 that the TNPDCL is taking steps to clear the outstanding dues along with interest, it shall be done within a period of eight (8) weeks from the date of receipt of the web copy of the order. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 20-07-2026 Index: Yes/No Speaking/Non-speaking order GSK Page7 of 8 To

¶1Tamil Nadu Power Distribution Corporation Ltd (tnpdcl), 10th floor, 144, Anna Salai, Chennai-600 002, Rep by its Chairman and Managing Director

¶2Tamilnadu Green Energy Corporation Ltd (tngecl) 10th floor, 144, Anna Salai, Chennai-600 002, Rep by its Managing director

¶3The Chief Engineer/nces,(tngecl) 2nd Floor, 144, Anna Salai, Chennai-600 002

¶4The Superintending Engineer, TNPDCL, Kanyakumari Electricity Distribution Circle, Nagercoil. Page8 of 8 MOHAMMED SHAFFIQ J. GSK WP NO. 28208 OF 2026 and WMP NOS. 30888 & 30889 OF 2026 20-07-2026

Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-07-2026 CORAM THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ WP NO. 28208 OF 2026 and WMP NOS. 30888 & 30889 OF 2026 Sakthi Auto Component Ltd., No.180 Race Course Road, Coimbatore -641 018 Rept. by its Chief Financial Officer Kanna J. ..Petitioner(s) Vs 1. Tamil Nadu Power Distribution Corporation Ltd (tnpdcl), 10th floor, 144, Anna Salai, Chennai-600 002, Rep by its Chairman and Managing Director 2. Tamilnadu Green Energy Corporation Ltd (tngecl) 10th floor, 144, Anna Salai, Chennai-600 002, Rep by its Managing director 3. The Chief Engineer/nces,(tngecl) 2nd Floor, 144, Anna Salai, Chennai-600 002 4. The Superintending Engineer, TNPDCL, Kanyakumari Electricity Distribution Circle, Nagercoil. ..Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the 1st respondent's impugned Board proceedings in (per) FB TNPDCL Proceedings No. 44 dated 01.08.2023 and quash the same as illegal, arbitrary contemptuous and as abuse of process of Court and consequently direct the 2nd to 4th Page2 of 8 Respondents to allow Utility Change / Migration in Petitioner's WEG No.079204740101 by terminating the existing Energy Purchase Agreement (EPA) dated 01.10.2017 and execute a fresh Energy Wheeling Agreement (EWA) under the own Captive Schemes and further direct to make payment of the outstanding dues payable to the petitioner, towards the wind energy sold by the Petitioner till the date of the termination of the EPA dated 01.10.2017 as per their respective invoices along with interest at 1 percent per month if any delay in payment within a reasonable time. For Petitioner(s): Mr.R.S.Pandiyaraj For Respondent(s): Mr.D.R.Arun Kumar, Standing Counsel