Thiagarajar College v. The Chief Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.02.2020
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and W.M.P.(MD) No.2652 of 2020 Thiagarajan College, Rep. by its Principal, Kamarajar Salai, Teppakulam, Madurai 09 ... Petitioner Vs.
1) The Chief Engineer, NCES, TANGEDCO, 2nd Floor, Eastern Wing, 144, Anna Salai, Chennai 600 002
2) The Superintending Engineer, TANGEDCO, Madurai Electricity Distribution Circle/ Metro Madurai - 07
3) Assistant Engineer, MEDC/Metro, TANGEDCO, Teppakulam, Madurai.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 31.7.2019 and direct the 1st respondent to issue No Objection Certificate for net metering for the 73 KWp Roof Top Solar PV Power Plant at the petitioner college in HT Sc.No.169. For Petitioner : Mr.Raguvaran Gopalan For Respondents : Mr.S.M.S.Johnny Basha, Standing Counsel
O R D E R
Mr.S.M.S.Johnny Basha, learned standing counsel takes notice on behalf of the respondents.
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2. By consent, the writ petition is taken up for final disposal at the admission stage itself.
3. The writ petition has been filed by the petitioner praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 31.07.2019 and direct the 1st respondent to issue No Objection Certificate for net metering for the 73 Kwp Roof Top Solar PV Power Plant at the petitioner college in HT Sc.No.169.
4. The case of the petitioner is that, the petitioner College had installed roof top solar power plant of 73 Kwp capacity with net meter as sanctioned by the first respondent. After the conversion of the service connection to HT Sc.No.169, the net meter has to be installed afresh and therefore, No Objection Certificate for the same has to be issued by the first respondent. Therefore, the petitioner made a representation dated 31.07.2019 to the respondent to issue 'No Objection Certificate' for installation of net metering. Till date, the respondent has not considered the representation of the petitioner and therefore, the petitioner has approached this Court by way of filing the present writ petition.
5. In view of the above, without expressing any opinion on the merits of the claim made by the petitioner, the first respondent is directed to consider the representation of the petitioner dated 31.07.2019 and pass appropriate orders on the same, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
6. With the above direction, the writ petition stands disposed of. No costs. Consequently, connected W.M.P.(MD) No.2652 of 2020 is closed.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) sts 2/3
To:
1) The Chief Engineer, NCES, TANGEDCO, 2nd Floor, Eastern Wing, 144, Anna Salai, Chennai 600 002
2) The Superintending Engineer, TANGEDCO, Madurai Electricity Distribution Circle/ Metro Madurai - 07
3) Assistant Engineer, MEDC/Metro, TANGEDCO, Teppakulam, Madurai.
+1 CC to MR.K.PRABHAKAR, Advocate ( SR-6705[F] dated 17/02/2020 ) Order made in Dated:
17.02.2020 KM/(27.02.2020) 3P 5C 3/3