WP/41979/2026 of KANISHK STEEL INDUSTRIES LIMITED Vs Tamil Nadu Power Distribution Corporation Ltd.(TNP on 13 October 2026

Order

This writ petition is filed for the following relief: “To direct respondents to take on record, recognize and give effect to the termination of the Energy Purchase Agreement dated 01.09.2023 relating to the petitioner's Wind Energy Generator bearing HTSC No. 079224723307 pursuant to the petitioner's representations and notices dated 22.06.2026 and consequently effect the change in utility of the petitioner's Wind Energy Generator from the Sale-to-Board model to Captive Consumption, by executing the requisite Energy Wheeling Agreement(s) as contemplated under Clause 8(b) of the Energy Purchase Agreement dated 01.09.2023, in accordance with the petitioner’s right to open access under the Electricity Act, 2003, and consequently direct the Respondents to forthwith settle and pay to the petitioner the outstanding dues of Rs.33,38,496/- towards the energy supplied from the said Wind Energy Generator for the months of July 2026 and August 2026, as evidenced by the invoices dated 14.08.2026 and 15.09.2026 respectively, together with applicable interest in terms of the Energy Purchase Agreement dated 01.09.2023.”

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 the payment of arrears to the respondent along with late payment surcharge from the date of default. The said Rules are retrospective in nature and applicable for all the cases irrespective of the dates of default, Therefore, the impugned orders of the learned Single Judge are liable to go.

5. Learned counsel appearing for the respondent heavily opposed the prayer to condone the delay and submitted that the delay of 237, 252 and 258 days in filing the writ appeals against the orders dated 7.3.2022, 25.3.2022 and 28.3.2022 passed in W.P.Nos.4933, 6977 and 6938 of 2022 has not been sufficiently explained by the petitioners/appellants. Secondly, the learned Single Judge, in the impugned orders, has followed the similar order dated 30.8.2019 passed in W.P.No.5196 of 2019 etc., which was affirmed by a Division Bench of this Court in its judgment dated 18.2.2020 in W.A.No.4189 of 2019, which has also been confirmed by the Apex Court vide order dated 24.9.2020 in S.L.P.Nos.8513-8518 of 2020. Therefore, there is no bonafide in filing the petitions to condone the delay and there is no merit in the writ appeals. Thus, a prayer has been made to dismiss the delay condonation petitions as well as the writ appeals.

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 of eight (8) weeks from the date of receipt of the web copy of the order.”

3. In view of the above, this writ petition is disposed of in terms of the order passed in WP.No.13729 of 2025 dated 22.04.2025. No costs. Consequently, connected miscellaneous petition is closed. 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KAN

To

1. Tamil Nadu Power Distribution Corporation Ltd. (TNPDCL) Represented by its Chairman and Managing Director, 144, Anna Salai, Chennai- 600 002.

2. The Superintending Engineer Tamil Nadu Power Distribution Corporation Ltd, (TNPDCL) Tirunelveli Electricity Distribution Circle, Tirunelveli- 642 126.

3. Tamil Nadu Green Energy Corporation Ltd, (TNGECL) Represented by its Managing Director, NPKRR Maligai, Anna Salai, Chennai- 600 002.

4. The Chief Engineer, NCES Tamil Nadu Green Energy Corporation Ltd, (TNGECL) NPKRR Maligai, Anna Salai, Chennai- 600 002.

P.T.ASHA J. KAN WP No. 41979 of 2026 13-10-2026