Naga Limited v. Tamil Nadu Generation And Distribution

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Naga Limited by its Authorised Signatory T.R.Sivaraman ... Petitioner in both the W.Ps.

Vs.

1.Tamilnadu Generation and Distribution Corporation Ltd., (TANGEDCO), 10th Floor, 144, Anna Salai, Chennai - 600 002.

Represented by its Chairman Cum Managing Director.

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

... Respondents in both the W.Ps.

3.The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.

... Respondent in W.P.18962/2023 3.The Superintending Engineer, TANGEDCO, Tuticorin Electricity Distribution Circle, Tuticorin.

... Respondent in W.P.18964/2023 Prayer in W.P.No.18962 of 2023:

Petition filed under Article 226 of the Constitution of India to 1/6

issue a Writ of Mandamus directing the respondents 2 and 3 to effect name transfer of WEG Wind Fan No.079244724411 and 079204721303 from the erstwhile M/s.Annai Power Private Limited to the name of the petitioner's name M/s.Naga Limited as per the petitioner's application dated 17.04.2023 on payment of necessary charges.

Prayer in W.P.No.18964 of 2023:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 2 and 3 to effect name transfer of WEG Wind Fan No.079224700116 from the erstwhile M/s.Nagalakshmi Energy Private Limited to the name of the petitioner's name M/s.Naga Limited as per the petitioner's application dated 17.04.2023 on payment of necessary charges. For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.D.R.Arun Kumar C O M M O N O R D E R The petitioner has filed these writ petitions seeking issuance of Writ of Mandamus directing the respective respondents 2 and 3 to effect name transfer of WEG Wind Fan Nos. 079244724411 & 2/6

079204721303 and 079224700116 respectively, from the erstwhile name to the name of the petitioner as per the petitioner's application dated 17.04.2023 on payment of necessary charges. 2.Since the issue involved in these writ petitions are one and the same, they are heard together and disposed of by way of a common order.

3.The case of the petitioner is that the petitioner Company has invested in windmill coming under the respective third respondent. The wind mill was commissioned after getting all clearances from the respondent TANGEDCO like no objection certificate from the second respondent and other prerequisites. The petitioner made application to the respondents seeking to effect name transfer of the subject WEG Wind Fans from the erstwhile name to the name of the petitioner namely, M/s.Naga Limited and since the same has not yet been considered, has filed these writ petitions.

4.The learned counsel appearing for the petitioner submitted that without going into the merits of the case, it would suffice, if this Court issues direction to the respondents to consider the petitioner's 3/6

application dated 17.04.2023 and to pass appropriate orders within a reasonable time frame.

5.Considering the limited request made by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's application dated 17.04.2023, on merits and in accordance with law and to pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order. 6.These writ petitions are accordingly disposed of. No costs. 27.06.2023 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No 4/6

To 1.Tamilnadu Generation and Distribution Corporation Ltd., (TANGEDCO), 10th Floor, 144, Anna Salai, Chennai - 600 002.

Represented by its Chairman Cum Managing Director.

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

3.The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.

4.The Superintending Engineer, TANGEDCO, Tuticorin Electricity Distribution Circle, Tuticorin.

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M.DHANDAPANI,J.

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