Saheli Exports Private Limited v. Tamil Nadu Generation And Distribution

IN THE HIGH COURT OF OF JUDICATURE AT MADRAS

DATED: 12.04.2023

CORAM:

THE HON'BLE MR. JUSTICE M.DHANDAPANI W.P. No.25713 of 2019 and WMP Nos.25188 to 25190 of 2019 Saheli Exports Private Ltd., New No.25, Old No.10, Sir Madhavan Nair Road, Mahalingapuram, Nungambakkam, Chennai - 600 034.

....

Petitioner

Versus

1. Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) 10th Floor, 144, Anna Salai Represented by its Chairman and Managing Director

2. Chief Financial Controller - Revenue 7th Floor, 1/5

3. The Chief Engineer, Private Power Projects, 6th Floor, Eastern Wing,

4. The Superintending Engineer, State Load Despatch Centre, Tamilnadu Electricity Board, No.144, Anna Salai, Chennai - 600 002 Represented by its Chairman and Managing Director,

5. The Chief Engineer / Grid Operations State Load Despatch Centre, Electricity AVenue, No.144, Anna Salai, Chennai - 600 002

6. The Superitending Engineer, Nagapattinam Electricity Distribution Circle, Nagapattinam District. *

7. Tamil Nadu Electricity Regulatory Commission, 19-A, Rukumini Lakshmipathy Salai, Egmore, Chennai - 600 008.

Represented by its Secretary .... Respondents * Cause title amended as per order dated 13.09.2019 in WMP No.26766 of 2019 2/5

Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Certiorarified Mandamus to call for the records of the 4th respondent, as far as the matter of issuing in SLDC/SE/OA & CO/EE/ABT/AEE/ABT 3F/.Saheli/REM/D/123/19, dated 15.06.2019 and SLDC/SE/OA & CO/EE/ABT/AEE/ABT3/F. Saheli/REM3/D173/19, dt.29.07.2019 and the impugned Communication of 5th respondent in Lr. No.CE/GO/OA & CO/EE/ABT/AE/ABT/F. Wheeling/D. No.185/19 dt. 03.08.2019 and quash the same as arbitrary, illegal and against the mandatory instructions provided under Clause 43 of the Grid Connectivity and Intra State Open Access Regulations 2014 and further direct the respondents to continue with the existing procedures in the matter of providing NOC and approval for OA powers, until a detailed Procedure is notified by the 7th respondent Commission, in pursuance of Clause 43 of Grid Connectivity and Intra State Open Access Regulations 2014.

For Petitioner : Mr.AR. Karthik Lakshmanan For Respondents : Mr.D.R. Arunkumar

ORDER

It is represented by the learned counsel for the petitioner that he has no instructions in this matter.

3/5

2. Recording the submission made by the learned counsel for the petitioner, this writ petition is dismissed for non prosecution. No costs. Consequently, connected miscellaneous petitions are closed. 12.04.2023 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 To

1. The Chairman and Managing Director Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) 10th Floor, 144, Anna Salai

2. The Chief Financial Controller - Revenue 7th Floor,

3. The Chief Engineer, Private Power Projects, 6th Floor, Eastern Wing, 4/5

M.DHANDAPANI, J.

vsi2

4. The Chairman and Managing Director, The Superintending Engineer, State Load Despatch Centre, Tamilnadu Electricity Board, No.144, Anna Salai,

5. The Chief Engineer / Grid Operations State Load Despatch Centre, Electricity AVenue, No.144, Anna Salai, Chennai - 600 002

6. The Superitending Engineer, Nagapattinam Electricity Distribution Circle, Nagapattinam District. *

7. The Secretary Tamil Nadu Electricity Regulatory Commission, 19-A, Rukumini Lakshmipathy Salai, Egmore, Chennai - 600 008.

W.P. No.25713 of 2019 12.04.2023 5/5