IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.11.2025 CORAM:

THE HON'BLE MR. JUSTICE M. DHANDAPANI W.P. Nos.21346 of 2021 and 21358 of 2021 and W.M.P. Nos.22589, 22591, 22606 and 22611 of 2021 M/s.ABT Limited Rep. by its Authorised Signatory S. Babu … Petitioner in both W.P.s vs.

1. The Tamil Nadu Generation and Distribution Corporation (TANGEDCO) Ltd., Rep. by its Chairman & Managing Director, 10^th Floor, E.W., N.P.K.R.R. Maligai, Anna Salai, Chennai – 600 002.

2. The Chief Engineer Non-Conventional Energy Sources (NCES), TANGEDCO, 2^nd Floor, Eastern Wing, Anna Salai, Chennai – 600 002. … Respondents in both W.P.s

3. The Superintending Engineer (I/c)

Tirunelveli Electricity Distribution Circle, TANGEDCO, Tirunelveli.

4. Tamil Nadu Electricity Regulatory Commission Through its Secretary No.19A, Rukmini Lakshmipathy Salai, Egmore, Chennai – 600 008. 3^rd and 4^th respondents in W.P. No.21346 of 2021

3. The Superintending Engineer (I/c)

Kanyakumari Electricity Distribution Circle, TANGEDCO, Kanyakumari

4. Tamil Nadu Electricity Regulatory Commission Through its Secretary No.19A, Rukmini Lakshmipathy Salai, Egmore, Chennai – 600 008. 3^rd and 4^th respondents in W.P. No.21358 of 2021 Prayer in W.P. No.21346 of 2021 : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the 2^nd respondent to grant long term intra state open access approval to the petitioner’s Wind Energy Generators WF.HT.SC. Nos.365, 369, 370, 371 on the petitioner’s application dated 12.08.2020 to 3^rd respondent and 26.08.2020 to the 2^nd respondent and consequently direct the 3^rd respondent to renew the Energy Wheeling Agreement for the petitioner’s Wind Energy Generators as per the Wind Tariff Order No.6 of 2018 dated 13.04.2018 issued by the 4^th respondent TNERC and consequently account for all the generated units from 08/2020 of the petitioner WEGs Nos.365, 369, 370, 371 and make adjustment of the same to their third party consumers on payment of necessary charges fixed by the 4^th respondent.

Prayer in W.P. No.213 58 of 2021 : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the 2^nd respondent to grant long term intra state open access approval to the petitioner’s Wind Energy Generators WF.HT.SC. Nos.29, 52, 53, 54, 55, 102, 113, 153, 156, 157 & 188 on the petitioner’s application dated 11.01.2021 to 3^rd respondent and 18.02.2021 to the 2^nd respondent and consequently direct the 3^rd respondent to renew the Energy Wheeling Agreement for the petitioner’s Wind Energy Generators as per the Wind Tariff Order No.6 of 2018 dated 13.04.2018 issued by the 4^th respondent TNERC and consequently account for all the generated units from 04/2021 of the petitioner WEGs Nos.29, 52, 53, 54, 55, 102, 113, 153, 156, 157 & 188 and make adjustment of the same to their third party consumers on payment of necessary charges fixed by the 4^th respondent.

In both W.P.s For petitioner : Mr. R.S. Pandiyaraj For respondents : Mr.D.R. Arunkumar

COMMON ORDER

Since the issue involved in both these writ petitions is related to one another, these writ petitions are disposed of by way of a common order.

2. Learned Standing Counsel appearing for the respondents submitted that subsequent to interim order issued by this Court on 08.10.2021, the respondents have entered into an agreement with the petitioner on 01.06.2022 and 01.09.2022 respectively. Further, he has produced the details of calculation submitted by the respondents for the period from August 2020 to May 2022 and October 2020 to May 2022 in so far as Tirunelveli Distribution Circle and for the period from April 2021 to August 2022 insofar as Kanyakumari Distribution Circle respectively.

3. Acceding the said submission, learned counsel for the petitioner submitted that the wind energy level adjustment for interregnum period is available with the respondents, and this Court may issue directions to the respondents to adjust the sa