Sei Adhavan Power Private Limited, v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA W.P.No.18007 of 2002 SEI Adhavan Power Private Limited Flat No.6J, Century Plaza 560-562 Anna Salai - Teynampet Chennai 600 018 Rep. by its Authorised Signatory Swaminathan.

..

Petitioner Vs.

1. The Union of India Through the Ministry of Power Shram Shakti Bhavan New Delhi.

2. The State of Tamil Nadu Rep. by the Chief Secretary Secretariat, Fort St. George Chennai 600 009.

3. Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO)

4. The Superintending Engineer/Solar, TANGEDCO 2nd Floor, Eastern Wing 144, Anna Salai

5. The Chief Engineer, TANGEDCO

6. The Director Finance, TANGEDCO ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorari calling for the records of the respondent No.4 in letter with Lr.No.SE.Solar/DFC/NCES/F.Liq.Scheme/ D.348/2022 dated 29.06.2022 and quash the same. For the Petitioner : Mr.Sathish Parasaran Senior Counsel For Mr.M.V.Swaroop For the Respondents : Mr.V.Udayakumar for Respondent-1 Mr.J.Ravindran Additional Advocate General Assisted by Mr.L.Jaivenkatesh Standing Counsel for Respondents 2 to 6

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The writ petitioner challenges the letter of the fourth respondent dated 29.06.2022.

2. Learned Additional Advocate General submitted that the letter under challenge is only a draft proposal and part of internal correspondence and thus, it could not give cause of action to the petitioner so as to challenge it.

3. Learned Senior Counsel appearing for the petitioner submitted that if that be so, the impugned letter should not be given effect to till a decision is taken by the respondents and liberty may given to the petitioner to challenge such decision.

4. We have considered the submissions and find that the letter under challenge is only a proposal, as stated by learned Additional Advocate General.

5. In view of the above, the writ petition is not maintainable and accordingly, it is dismissed. However, liberty is given to the petitioner to take remedy as per law against the final decision, if taken pursuant to the proposal dated 29.06.2022. There will be no order as to costs. Consequently, WMP Nos.17331 and 17333 of 2022 are also dismissed. (M.N.B., CJ.) (N.M., J.) 13.07.2022 Index : Yes/No kpl To:

1. The Union of India Through the Ministry of Power Shram Shakti Bhavan New Delhi.

2. The Chief Secretary Secretariat, Fort St. George Chennai 600 009.

3. Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO)

4. The Superintending Engineer/Solar, TANGEDCO 2nd Floor, Eastern Wing 144, Anna Salai

5. The Chief Engineer, TANGEDCO

6. The Director Finance, TANGEDCO

M.N.BHANDARI, CJ AND N.MALA,J.

(kpl) W.P.No.18007 of 2022.

13.07.2022