W.P.No.8011 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.03.2025 CORAM : THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.8011 of 2025 and W.M.P.No.8983 of 2025 M/s.Narasu's Spinning Mills, Rep. by R.Pranav, Partner, C.Chettypatty (P.O.), Omalur Taluk, Salem District - 636 455. .. Petitioner Versus 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, 1/7 https://www.mhc.tn.gov.in/judis W.P.No.8011 of 2025 pleased to issue a Writ of Certiorarifed Mandamus, calling for the records of the impugned rejection order, dated 18.02.2025 issued by the 2nd respondent in Lr.No.015611/L13/F.M/s. Narasus Spinning Mills/D31/25 and quash the same as illegal, arbitrary and consequently direct the 2nd respondent to approve the repowering application of the petitioner, dated 24.12.2024. For Petitioner : Mr.C.Prabakaran For Respondents : Mr.V.Venkata Seshaiya, Government Advocate, for R1 : Mr.P.S.Raman, Advocate General, Asstd. by Mr.D.R.Arun Kumar, for R2 ORDER This Writ Petition is filed calling for the records of the impugned order, dated 18.02.2025 passed by the second respondent in Letter No.015611/L13/F.M/S. Narasus Spinning Mills/D31/25 and consequently, to direct the second respondent to approve the re-powering application of the petitioner, dated 24.12.2024. 2/7 https://www.mhc.tn.gov.in/judis W.P.No.8011 of 2025 2. When the matter is taken up for admission, the learned Advocate General for the second respondent would submit that when a scheme was framed vide G.O.Ms.No.80, dated 22.08.2024, the association challenged 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.No.25443, 25444 and 25624 of 2024. 3. I have considered the submissions made on either side. 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 3/7 https://www.mhc.tn.gov.in/judis W.P.No.8011 of 2025 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 interim order would be applicable vis-a-vs 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 by directing the second respondent to consider the application of the petitioner in the manner known to law if there is no other impediment and pass orders in accordance with law. The said exercise shall be completed within a period of four weeks from the date of receipt of a web-copy of this order without waiting for a certified copy of this order. There shall be no order as to costs. 4/7 https://www.mhc.tn.gov.in/judis W.P.No.8011 of 2025 Consequently, connected miscellaneous petition is closed. 07.03.2025 Neutral Citation : no grs 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. 5/7 https://www.mhc.tn.gov.in/judis W.P.No.8011 of 2025 D.BHARATHA CHAKRAVARTHY, J. grs W.P.No.8011 of 2025 and W.M.P.No.8983 of 2025 6/7 https://www.mhc.tn.gov.in/judis W.P.No.8011 of 2025 07.03.2025 7/7 https://www.mhc.tn.gov.in/judis