IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 09.01.2026 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 49224 of 2025 &

W.M.P.Nos. 54992 & 54995 of 2025 M/s.Aalayam Industries

4-306, Suriyagoundampalayam, Mallasamudram, Tiruchengode Taluk, Namakkal – 637 503 Repd. its Partner S.V.Nallasivam ...Petitioner Vs.

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

10^th floor, 144, Anna Salai, Chennai-600 002 Represented by its Chairman and Managing Director

2. Tamil Nadu Green Energy Corporation Ltd..

(TNGECL)

10^th floor, 144, Anna Salai, Chennai-600 002 Represented by its Managing Director

3. The Chief Engineer/NCES, (TNGECL)

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

4.The Superintending Engineer, (TNPDCL), Coimbatore South Electricity Distribution Circle, Coimbatore ...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 of the 1^st Respondent's impugned Board Proceedings in (Per) FB TNPDCL Proceedings No.44 dated 01.08.2023 and quash the same as illegal, arbitrary, contemptuous & as abuse of process of Court and consequently direct the 2nd to 4th Respondents to allow Utility Change/Migration in Petitioner's WEG No.039224320260 by terminating the existing Energy Purchase Agreements (EPA) dated 20.07.2022 and execute a fresh Energy Wheeling Agreement (EWA) under the 3^rd Party Sale 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 20.07.2022 as per their respective invoices along with interest at 1%

per month for if any delay in payments within a reasonable time.

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 of the 1^st Respondent's impugned Board Proceedings in (Per) FB TNPDCL Proceedings No.44 dated 01.08.2023 and quash the same as illegal, arbitrary, contemptuous & as abuse of process of Court and consequently direct the 2nd to 4th Respondents to allow Utility Change/Migration in Petitioner's WEG No.039224320260 by terminating the existing Energy Purchase Agreements (EPA) dated

20.07.2022 and execute a fresh Energy Wheeling Agreement (EWA) under the 3^rd Party Sale 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 20.07.2022 as per their respective invoices along with interest at 1% per month for if any delay in payments within a reasonable time.”

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:

“9.On 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 the matter has already been decided in the previous round, once again similar orders cannot be repeatedly passed by the respondent Board.

10.Therefore, 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