Tiruppur Murugampalayam Common v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.09.2025 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI Tiruppur Murugampalayam Common Effluents Treatment Company Pvt. Ltd., S.F.No.214/2, Erankattu Thottam, Murugampalayam, Iduvampalayam (PO), Tiruppur - 641 687.
... Petitioner Vs.
1.The State of Tamil Nadu, 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.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records of the impugned order passed by the 2nd respondent in Lr.No.CE /NCES /SE/ Solar /EE/ WPP/AEE3/F.M/s.
TMCETCPL/D.651/25 dated 08.08.2025, quash the same and Page No.1 of 6
consequently direct the 2nd respondent to process the application of the petitioner dated 21.07.2025 in accordance with G.O.Ms. 80 dated 22.08.2024.
For Petitioner : Mr.M.N.Balakrishnan For Respondents : Mr.A.M.Ayyadurai Government Advocate [R1] Mr.D.Arun Kumar [R2] *****
ORDER
This Writ Petition has been filed by the petitioner seeking for a Writ of Certiorarified Mandamus, to call for the records of the impugned order passed by the 2nd respondent in Lr.No.CE /NCES /SE/ Solar /EE/ WPP/AEE3/F.M/s. TMCETCPL/D.651/25, dated 08.08.2025, quash the same and consequently, direct the 2nd respondent to process the application of the petitioner, dated 21.07.2025 in accordance with G.O.Ms.No.80, dated 22.08.2024.
2. When the matter is taken up for admission, the learned counsel appearing for the 2nd respondent would submit that when a scheme was framed vide G.O.Ms.No.80, dated 22.08.2024, the association challenged Page No.2 of 6
the same and there is an interim order. Dehors that, if any individual persons like that of the petitioner voluntarily seeks to come under the scheme, the authorities are willing to consider the same. The impugned order was passed only because there is an interim order in W.P.Nos.25443, 25444 and 25624 of 2024.
3. Heard both sides and also perused the materials avialable on record.
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 re-powering 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 Page No.3 of 6
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 of by directing the 2nd respondent to consider the application of the petitioner in the manner known to law if there is no other impediment and pass orders on merits and in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. No costs. 01.09.2025 Index : Yes / No Speaking order / Non-speaking order sp Page No.4 of 6
To 1.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.
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M.DHANDAPANI, J.
sp 01.09.2025 Page No.6 of 6