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Madras High CourtWP/1589/2026disposed of

Micro Green Wind Energy Private Limited v. The State Of Tamilnadu

2026-01-23Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-01-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA Micro Green Wind Energy Private Limited S.F. No.190/1 Kudi Kinaru Thottam, Murugampalayam, Iduvampalayam (P.O) Tiruppur -641 687.

..Petitioner(s) Vs

1. The State of Tamil Nadu Represented By Additional Chief Secretary Energy Department, Fort St George Chennai 600 009.

2. The Chief Engineer / NCES TNGECL, 2nd Floor 144 Anna Salai, Chennai - 600 002.

..Respondent(s) PRAYER : Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the 2nd Respondent to consider the petitioner's application dated 30.09.2025 and pass appropriate orders in the light of the order passed by this Court in W.P. 8011 of 2025 and pass orders. For Petitioner(s):

Mr.M.N.Balakrishnan For Respondent(s):

Mr.Yogesh Kannadasan Special Government Pleader for R1 Mr.D.R.Arun Kumar Standing Counsel for R2

ORDER

The writ petition has been filed seeking a mandamus to the second respondent to consider the petitioner's application dated 30.09.2025 and to pass orders in the light of the order passed by this Court in W.P.No.8011 of 2025.

2. The petitioner had installed and commissioned 4 nos. of 225 KW wind turbine at Metrathi Village, Tiruppur District, and this units had served a life period of 30 years. Therefore, on 30.09.2025, the petitioner had submitted his application before the second respondent for repowering the said units under the Repowering, Refurbishment and Life Extension Policy vide G.O.(Ms) No.80 dated 22.08.2024. Since the said G.O., was under challenge before the Madurai Bench of this Court in W.P.(MD) No.25443 of 2024 and batch etc., and an interim stay is operating against the said G.O., the second respondent has not acted on the application submitted by the petitioner. Hence, this writ petition.

3. The learned counsel appearing for the petitioner has brought to the notice of the Court that in a similar case in W.P.No.8011 of 2025, wherein this Court had held that since the petitioner therein had not challenged the G.O.Ms.No.80, but wants to come within the policy voluntarily, his application can be considered dehors the interim order of stay granted in W.P.(MD)

No.25443 of 2024 and batch etc., and accordingly, had directed the second respondent to consider his application.

4. The petitioner herein also does not challenge the said G.O., and wants to avail the benefits of the policy voluntarily.

5. Mr.D.R.Arun Kumar, learned Standing Counsel appearing for the second respondent has brought to the notice of the Court that pursuant to the orders of the Hon'ble Division Bench in W.A.No.2325 of 2022, the Government had modified certain clauses of Repowering Policy, 2024 and has come out with a new proposal vide G.O.(Ms) No.3 (Energy [E1] Department) dated 14.01.2026.

6. Heard the learned counsel for the petitioner, Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the first respondent and Mr.D.R.Arun Kumar, learned Standing Counsel appearing for the second respondent.

7. Considering the fact that the petitioner herein does not want to challenge the Government order and wants to come within the policy and also recording the statement of the learned Standing Counsel that the Government had approved the proposal for certain modifications in the Repowering,

Refurbishment and Life Extension Policy for Wind Power Projects-2024, the second respondent shall consider the petitioner's request in the manner known to law, if there is no other impediments and pass orders within a period of two weeks from the date of receipt of a copy of this order.

8. With the above directions, the writ petition is disposed of. No costs. 23-01-2026 Index: Yes/No Speaking/Non-speaking order DS To:

1. The Additional Chief Secretary State of Tamil Nadu Energy Department, Fort St George Chennai 600 009.

2. The Chief Engineer / NCES TNGECL, 2nd Floor 144 Anna Salai, Chennai - 600 002.

P.T.ASHA J.

DS 23-01-2026