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W.P.No.49777 of 2025

IN THE

IN THE HIGH COURT OF JUDICATURE AT MADRASOF

JUDICATU MADRAS

Dated: 19.12.2025

C O R A M

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

W.P.No.49777 of 2025

M/s.Anangoor Textiles Mills (P) Ltd.,

S.F.No.5, Anangoor

Anangoor Post, Chinna Dharapuram

Dharapuram Taluk, Tirupur District

Rep. By its Authorized Signatory

R.Ganeshmoorthy ..Petitioner

Vs.

1. Tamil Nadu Electricity Regulatory Commission

4th Floor, SIDCO Corporate Office Building

SIDCO Corporate Office Building

Thiru.Vi.Ka Industrial Estate

Guindy, Chennai – 600 032

Through its Secretary

2. Tamil Nadu Power Distribution Corporation Limited (TNPDCL)

10th Floor, 144 Anna Salai

Chennai – 600 002

Represented by its Chairman and Managing Director

3. The Chief Engineer/NCES

Tamil Nadu Green Energy Corporation Ltd.,

(TNGECL)

2nd Floor, 144,Anna Salai

Chennai – 600 002

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W.P.No.49777 of 2025

invoices of the petitioner whenever raised for the encashment of the

unutilized Surplus Solar Energy available at their account at the end of each

month, at 75% of the tariff discovered in the competitive building which is

Rs.3.04/- and to effect the payment, within the due dates, as provided in the

Order No.9 of 2020 dated 16.10.2020.

2. Heard Mr.R.S.Pandiyaraj, learned counsel for petitioner and

Mr.D.R.Arunkumar, learned Standing counsel for respondents.

3. The case of the petitioner is that they are having the high tension

service connection under the jurisdiction of the fifth respondent. The

petitioner made an application to the second respondent for arrangement of 5

MW Solar Power Plant. The petitioner was directed to pay the applicable

charges besides the refundable security deposit. The second respondent also

issued "Noted for Record" letter to the petitioner directing the Solar Power

Plant to be commissioned and synchronised in the grid belonging to the

respondents. The petitioner also satisfactorily commissioned the plant and

the same was also certified by the respondents.

4. Under instructions from the second respondent, the third respondent

had sent a letter enclosing Energy Wheeling Agreement dated 08.07.2022.

On perusal of the agreement, it was found that it contained clauses contrary

to the tariff order passed by the first respondent commission in order

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W.P.No.49777 of 2025

No.9/20 dated 16.10.2020. As a result, the second respondent restricted the

petitioner from raising invoices for the unutilized excess solar energy

whenever available after consumption during the month. It is under these

circumstances, the present writ petition came to be filed before this Court.

5. It is relevant to take note of the order passed by the first respondent

in M.P.No.47 of 2021 dated 11.05.2023. The relevant portion is extracted

hereunder:

"6.Finding of the Commission on the first issue:

In view of the findings rendered by this Commission on issue

no.2 to 5, the only irresistible conclusion that can be arrived at on this

issue is that clause 24(IV) of the Energy WheelingAgreement dated

03.03.2021 is inconsistent with clause 5.5.8 of the Tariff Order dated

16.10.2020 passed in T.A.No.9 of 2020 and also Regulation 7 of the

Power procurement from New and Renewable Sources of Energy

Regulations, 2008 as contended by the petitioner. Accordingly this

issue is decided in favour of the petitioner.

In fine, this Commission doth order as follows:-

a) The petitioner is entitled to 75% of the tariff fixed by the

Commission or in cases where no tariff fixed, 75% of the tariff

discovered in the competitive bidding shall be adopted for payment

for the energy supplied over and above the limit sanctioned.

b) In case any injection has been made by the generator

against the direction of SLDC or at any point of time such injection

had imperilled the gird security, such cases shall be dealt with

separately by the respondent for the purpose of denial of claim.

c) Even in such cases, it