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Madras High CourtWP/26829/2017dismissed

M/S.Chiranjjeevi Wind Energy v. The Secretary To Government

2022-03-29Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.03.2022

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.NO.26829 OF 2017 AND W.M.P.NOS.28546, 28547 & 28548 OF 2017 M/s.Chiranjjeevi Wind Energy Ltd., No.26-A , Kamaraj Road, Mahalingapuram, Pollachi - 642 002, Rep. by its Chairman and Managing Director, R.V.S. Marimuthu ... Petitioner .Vs.

1. The Secretary to Government, The Government of India, Ministry of New and Renewable Energy Grid Interactive Wind Power Division, Block No.14, CGO Complex, Lodhi Road, New Delhi - 110 003.

2. The Government of India, Rep. by its Secretary, Ministry of Power, Rafi Marg, Shram Shakti Bhavan, New Delhi - 110 001.

3. The Central Electricity Authority, Sewa Bhavan, R.K.Puram, Sector - 1, New Delhi - 110 066.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus to call for the records relating to the impugned order of the 1st respondent dated 27.06.2017 mandatorily insisting submission of statement of compliance/conformity statement to demonstrate

the compliance of applicable CEA Technical standards for connectivity to the grid (as amended from time to time) under clause 2(C) in respect of CEA requirements for inclusion of the wind turbine model CWEL C30/250 KW in RLMM and quash the same. Consequently, direct the first respondent herein to include the petitioner's wind turbine model CWEL C30/250 KW in RLMM. For Petitioner :

Mr.ARL.Sundaresan Senior Counsel For M/s.AL.Ganthimathi For Respondents :

Mr.A.Murughan Central Government Counsel

O R D E R

This writ petition has been filed challenging the order passed by the first respondent refusing to accept the petitioner's model of wind Turbine.

2. A perusal of the order passed by the first respondent, it could be seen that the project submitted by the petitioner is not in accordance with the specification given by the authorities. Since it is being a technical issue, this Court is not an expert to decide whether the order passed by the first respondent is valid or not and this Court is also cannot decide all those technical issues. In the above said circumstances, this Court is not inclined to interfere with the order passed by the first respondent.

3. Accordingly, this writ petition is dismissed. However, the petitioner is permitted to approach the first respondent and satisfy them regarding the acceptability of the petitioner's model. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mrp

To 1.

The Secretary to Government, The Government of India, Ministry of New and Renewable Energy Grid Interactive Wind Power Division, Block No.14, CGO Complex, Lodhi Road, New Delhi 110 003.

2.

The Secretary, The Government of India, Ministry of Power, Rafi Marg, Shram Shakti Bhavan, New Delhi - 110 001.

3.

The Central Electricity Authority, Sewa Bhavan, R.K.Puram, Sector - 1, New Delhi - 110 066.

+1cc to Mr.A.Murughan, Advocate, S.R.No.21257 W.P.NO.26829 OF 2017 RK(CO) PBS/20/05/2022