The Superintending Engineer vs Cwer Wind Power Private Limited
2021 Latest Caselaw 13450 Mad

                                                                                W.A.(MD)No.1325 of 2021


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 07.07.2021

                                                     CORAM:

                               THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
                                                        AND
                                   THE HONOURABLE MRS.JUSTICE S.ANANTHI
                                           W.A.(MD)No.1325 of 2021
                                                        and
                                          C.M.P(MD)No.5523 of 2021


                1.The Superintending Engineer,
                   Tamil Nadu Generation and Distribution
                       Corporation Limited(TANGEDCO)
                      Tirunelveli Electricity Distribution Circle,
                      Tirunelveli-11.


                2.The Chief Engineer,
                   Non-Conventional Energy Sources(NCES)
                   Tamil Nadu Generation and Distribution,
                       Corporation Limited (TANGEDCO)
                   144, Anna Salai, Chennai-600 002.
                                                                      : Appellants/Respondents
                                                         Vs.
                CWER Wind Power Private Limited
                Represented by its Director,
                Laxsmanan Natarajan
                319, 3rd Floor, JK Chambers,
                Plot No.76, Sector 17, Vashi
                Navi Mumbai-400 703
                Maharastra                                           : Respondent/Writ Petitioner
https://www.mhc.tn.gov.in/judis/

                1/4
                                                                                W.A.(MD)No.1325 of 2021


                PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent,

                praying to set aside the order passed in W.P(MD)No.3878 of 2021, dated

                18.03.2021 on the file of this Hon'ble Court and allow this Writ Appeal.



                                           For Appellants    : Mrs.S.Srimathy
                                                               Standing Counsel


                                                  JUDGMENT

*************** [Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]

We have heard Mrs.S.Srimathy, learned Standing Counsel

appearing for the appellants.

2.This Writ Appeal by the Superintending Engineer, TANGEDCO

is directed against the order dated 18.03.2021, in W.P(MD)No.3878 of

2021.

3.On going through the impugned order, more particularly, the

observations and findings contained in paragraph Nos.8 to 10, we find

that the order has sufficiently protected the interest of the appellant

TANGEDCO. It is not in dispute that the Superintending Engineer had

executed the affidavit and during the period when the appeal was in the

process of being numbered, the writ petitioner has given an undertaking

and the no-objection certificate has also been issued to the respondent /

writ petitioner by the TANGEDCO.

https://www.mhc.tn.gov.in/judis/

W.A.(MD)No.1325 of 2021

4.In the light of the above, we dispose of the writ appeal

observing that the respondent / writ petitioner shall be irrevocably bound

by the undertaking given and shall abide by the same as per the terms

and conditions contained therein. However, there shall be no order as to

costs. Consequently, the connected miscellaneous petition is closed.

                                                              [T.S.S., J.]   &       [S.A.I., J.]
                                                                        07.07.2021


                Index              : Yes / No
                Internet : Yes / No
                MR

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

https://www.mhc.tn.gov.in/judis/

W.A.(MD)No.1325 of 2021

T.S.SIVAGNANAM, J.

AND S.ANANTHI, J.

MR

JUDGMENT MADE IN W.A.(MD)No.1325 of 2021

07.07.2021

https://www.mhc.tn.gov.in/judis/