IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2022

CORAM:

THE HON'BLE MR.JUSTICE M.GOVINDARAJ

WP NO.9699 OF 2011

AND

MP NO.1 OF 2011

Sanpreet Castings Private Ltd., HT SC No.197

4/5, Gandhi Nagar, G.N.Mills Post,

Coimbatore - 641 029.

Rep. by its Manager R.Palanivel

... Petitioner

Vs.

1. Tamil Nadu Electricity Regulatory Commission

19-A, Rukmini Lakshmipathy Salai,

(Marshall's Road) Egmore,

Chennai - 600 008.

Rep. by its Secretary

2. The Chairman

Tamil Nadu Electricity Board

144, Anna Salai,

Chennai - 600 002.

3. The Superintending Engineer

Coimbatore Elec. Distribution Circle

Tamil Nadu Electricity Board

Coimbatore.

... Respondents

PRAYER: Writ Petition filed under Article 226 of the

Constitution of India praying for issuance of Writ of

Certiorari, to call for the records of the 3rd respondent in his

impugned bill dated 01.04.2011 issued by the 3rd respondent in

so far as it relates to levy of energy charges under Serial No.1

for Rs.3,75,644/- without adjusting 93,911 units of peak hour

energy available to the credit of the petitioner in the normal

hours consumption, levying excess demand charges under Serial

No.13(b) for 72.02 KVA to the tune of Rs.43,209/- without taking

into consideration of the deemed demand of 131.48 KVA available

to the petitioner, thus levying a total sum of Rs.4,18,853/- are

illegal, arbitrary and without the authority of law and against

Clause 8.7.3 and Clause 8.11.2 of Comprehensive Tariff Order on

Wind Energy Order No.1 of 2009 dated 20.03.2009 issued by the

1st respondent, quash the same.

For Petitioner :

Mr.S.P.Parthasarathy

for Mr.R.S.Pandiyaraj

For Respondents :

Mr.Abdul Kalam

Standing Counsel

O R D E R

The petitioner challenges the levy of charges under

Serial No.1 for Rs.3,75,644/-.

2.In similar circumstances, a batch of writ petitions

for the very same relief were transferred by this Court to the

Tamil Nadu Regulatory Commission, by order dated 23.07.2012 in

W.P.No.7200 of 2012 and others. Subsequently, the Tamil Nadu

Electricity Regulatory Commission by its order dated 31.03.2016

decided the matter in the following lines:-

"7.14 In the light of the above it is

clarified that the Units generated by Wind

Energy Generators during a higher tariff ToD

slot could be consumed in a lower tariff ToD

slot at the option of generators/users who have

entered into EPA and EWA under the Commission’s

Order No. 3 dt.15.5.2006.

7.15 Let us now take up the purport of the

orders giving liberty to renegotiate the

existing agreements and applicability of the

orders when it comes to the existing contracts

and agreements between NCES based generators

and distribution licensee signed prior to the

date of issue of these orders.

7.16 In the Tariff order No. 3 dated

15.05.06, the Commission decided to categorise

the Wind Electric generators in two groups as

below and fixed the tariff accordingly:

1. Group I Projects : Wind power projects

commissioned and to be commissioned based on

agreements executed prior to the date of this

order.

2. Group II Projects: Wind Power projects

to be commissioned based on future agreements

after the date of this order.

7.17 Hence, the above Tariff order (Order

No. 3 dated dated 15.05.2006) stipulates the

following in respect of the Applicability of

Order:

“4.0 Applicability of Order: This order

shall come into force from the date of its

issue. This order shall be applicable to all

future

and

renewal

of

existing

contracts/agreements for the Non-conventional

Energy Sources (NCES) based Generating plants

and Non-conventional Energy sources based Co-

generation plants located within the State of

Tamil Nadu. It should be noted that the

existing contracts and agreements between NCES

based generators and the distribution licensee

signed prior to the date of issue of this order

would con