IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 09.01.2026 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 49792 of 2025 &

W.M.P.Nos. 55678 & 55679 of 2025 M/s.JSV Energy Pvt Ltd, No.2/134, Ayya House, Ambalavanapuram, Mahendragiri Via, Radhapuram Taluk, Tirunelveli 627133, Repd.by its Authorised Signatory E. Madhavan ...Petitioner Vs.

1. The Tamil Nadu Power Distribution Corporation Ltd (TNPDCL)

144, Anna Salai, Chennai-600 002 Represented by its Managing Director

2. Tamil Nadu Green Energy Corporation Ltd..

(TNGECL)

144, Anna Salai, Chennai-600 002 Represented by its Managing Director

3. The Chief Engineer/NCES, (TNPDCL)

2nd Floor, 144, Anna Salai, Chennai - 600 002

4.The Superintending Engineer, The Tamil Nadu Power Distribution Corporation Ltd (TNPDCL), Tirunelveli Electricity Distribution Circle, Tirunelveli ...Respondents Prayer: Writ Petition is filed under Section 226 of the Constitution of India for issue of Writ of Certiorarified Mandamus, calling for the records the 3rd respondent's impugned original Proceedings in (Per) FB TNPDCL Proceedings No.44 dated 01.08.2023 and quash the same as contrary to the Doctrine of Res Judicata, against Article 14 & 300A of the Constituting of India and against the right to 'Open Access' which is guaranteed under Electricity Act 2003 and consequently direct the 3^rd Respondent to allow Migration from sale to board to group captive scheme in Petitioner’s WEG No.079224723312 by converting the existing Energy Purchase Agreements addendum (EPA) dated 01.06.2024 to an Energy Wheeling Agreement (EWA) and also to direct the respondents to make payment of outstanding dues payable to the Petitioner, along with interest at 1% per month for any delay in payments, for the energy supplied from the Petitioner's WEG bearing HTSC No. 079224723312.

For Petitioner : Mr. R.S.Pandiyaraj For Respondents : Mr. D.R.Arun Kumar Standing Counsel.

O R D E R

This writ petition is filed for the following relief:

“To call for the records the 3rd respondent's impugned original Proceedings in (Per) FB TNPDCL Proceedings No.44 dated 01.08.2023 and quash the same as contrary to the Doctrine of Res Judicata, against Article 14 & 300A of the Constituting of India and against the right to 'Open Access' which is guaranteed under Electricity Act 2003 and consequently direct the 3^rd Respondent to allow Migration from sale to board to group captive scheme in Petitioner’s WEG No.079224723312 by converting the existing Energy Purchase Agreements addendum (EPA) dated 01.06.2024 to an Energy Wheeling Agreement (EWA) and also to direct the respondents to make payment of outstanding dues payable to the Petitioner, along with interest at 1% per month for any delay in payments, for the energy supplied from the Petitioner's WEG bearing HTSC No. 079224723312.”

2. The learned counsel for the petitioner submitted that this writ petition is covered by the earlier order passed in WP.No.13729 of 2025 dated 22.04.2025. The relevant portions are extracted hereunder:

“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 t