Pioneer Jellice India Private Limited v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. PIONEER JELLICE INDIA PRIVATE limited Represented By K Shrinivas, The Deputy General Manager, No. 23 Vallabhai Road, Chokkikulam, Madurai 625 002.

Petitioner(s) Vs

1. The State Of Tamilnadu Represented By The 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 for the issue of writ of Mandamus directing the respondents to consider the petitioner's

representation dated 07.04.2025 and pass appropriate orders in the light of the order passed by this Court in W. P No. 8011 of 2025 and pass orders. For Petitioner(s):

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

Mr.V.P.R.Elamparithi Additional Government Pleader for R1 Mr.D.R.Arun Kumar, Standing counsel for R2

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 2 nd respondent to consider the representation made by the petitioner wherein the petitioner is seeking for re-powering the turbine. 2.

Heard Mr.M.N.Balakrishnan, learned counsel for the petitioner and Mr.V.P.R.Elamparithi, learned Additional Government Pleader for 1 st respondent and Mr.D.R.Arun Kumar, learned Standing counsel for 2 nd respondent.

3.

The issue involved in the present writ petition was considered in the earlier writ petition filed in WP No.8011 of 2025 and the relevant portions are extracted hereunder :-

4. It can be seen that the certain associations as well as the individual spinning mills approached the Court in the aforesaid Writ Petitions

challenging the G.O.Ms.No.80, dated 22.08.2024. The Court had taken into consideration of the individual spinning mills as well as the associations on behalf of the members stating that in respect of them, already, T.N.E.R.C passed an order with reference to the repowering and framing a different scheme by the Government Order may not be appropriate and therefore, considering the fact that larger issue is pending before the Division Bench, the interim order of stay of the Government Order was granted. Therefore, it would be clear that the interim order would be applicable vis~a~vis the petitioners therein i.e., individual spinning mill or the members of the association as the case may be. When this petitioner is not challenging the Government Order and wants to come within the policy voluntarily, the same shall be considered dehors the order of interim stay that was granted.

5. In view thereof, this Writ Petition is disposed by directing the second respondent to consider the application of the petitioner in the manner known to law if there is no other impediment and pass orders in accordance with law. The said exercise shall be completed within a period of four weeks from the date of receipt of a webcopy of this order without waiting for a certified copy of this order. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

4.

In view of the above, there shall be a direction to the 2 nd respondent to deal with the representation made by the petitioner on 07.04.2025 in line with the above order passed by this Court and the entire exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

5.

This writ petition is disposed of with the above directions. No costs.

06-06-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State Of Tamilnadu Represented By The 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.

N.ANAND VENKATESH J.

rka 06-06-2025