The electricity board is mandated to adjust outstanding energy payments due to wind energy producers against current consumption or open access charges and is prohibited from taking coercive disconnection action until such adjustments are fully realized.

ORDER

This Writ Petition has been filed seeking a direction to forbear the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner until the respondents make payment of the outstanding dues of Rs.15,76,013/- (for the year of 2018- 2020) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.

2. Heard the learned counsel appearing on either side. With the consent of both sides, the Writ Petition is taken up for hearing at the admission stage itself.

3. It is the case of the petitioner that the petitioner owns Wind Mills and a group captive generator of wind energy getting from the fourth respondent and supplying it to their consumers and as per the Tariff Order of the first respondent, it entered into an Energy Wheeling Agreement and as per the said Agreement and the Tariff Order dated 20.03.2009, no payment was made to the petitioner by the respondents and aggrieved by the same, the present Writ Petition.

4. The learned counsel for the petitioner submitted that the issue involved in the present Writ Petition is no longer res integra and the similar issue has already been decided by the learned Single Judge of this Court in W.P.Nos.6776 of 2020 etc., batch on 28.10.2021 and prayed that the same benefit shall be extended to the petitioner herein. He also drew the attention of this Court to an order passed by this Court in a similar issue following the order of W.P.Nos.6776 of 2020 etc., batch and the relevant paragraphs of the order are extracted hereunder:

“3. The learned Single Judge of this Court, vide order dated 28.10.2021 made in W.P.Nos.6776 of 2020 etc., batch in the case of M/s.Rajaguru Spinning Mills P. Ltd., Vs. The Tamil Nadu Electricity Regulatory Commission in identical circumstances which was also relied upon by the learned counsel for the petitioners held as under:-

“11. In view of the above, all these Writ Petitions are Disposed of with the following directions:-

(a) In all those cases where the TANGEDCO has acted upon the interim orders passed bythis Court and the entire outstanding amounts due and payable has been adjusted, those writ petitions will be rendered infructuous since the grievance of those petitioners stands redressed;

(b) In those cases where the TANGEDCO is in the process of adjusting the outstanding amount due, such adjustment shall be continued till the entire outstanding amount is adjusted towards the current consumption charges / open access charges payable by the respective petitioners and (c) The TANGEDCO shall not take any coercive steps to disconnect the electricity connection to the petitioners until the outstanding amounts due and payable is completely adjusted towards the current consumption charges/open access charges payable by the petitioners.

4. In view of the above fact that the earlier Writ Petitions involving similar issue being disposed of by this Court in the aforesaid terms, the present Writ Petitions also stands disposed of in terms of the above said order of this Court dated

28.10.2021 made in W.P.Nos.6776 of 2020 etc., batch. No costs. Consequently, the connected Miscellaneous Petitions are closed.”

5. Considering the facts and circumstances of the case and also in the light of the orders passed by this Court as stated supra, the present Writ Petition is disposed of in terms of the aforesaid order dated 28.10.2021 made in W.P.Nos.6776 of 2020 etc., batch. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.