Allowed

Shri BhadugaSeva Trust v. The Executive Engineer

Madras HC3 Mar 2023WP(MD)/2408/2023

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a writ petition filed by ShreeBhadugaSeva trust seeking net metering for a solar rooftop project. The court set aside an order demanding compounding charges, holding that the demand was based on a cancelled application in a prior writ petition. The petitioners were directed to be permitted net metering, subject to future appeals.

What did the court decide?

Impugned order set aside. Respondents directed to permit petitioner to avail benefit of net metering for installing solar roof top project.

Shri BhadugaSeva Trust Vs The Executive Engineer — Service and Employment | Madras HC (2023)

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W.P.(MD)No.2408 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 03.03.2023

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CORAM

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THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN

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W.P(MD).No. 2408 of 2023 and

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W.M.P(MD)Nos.2192 and 2193 of 2023

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ShreeBhadugaSeva trust, represented by its Correspondent J.Ilayarajan, Trichy-Chennai Main Road, Konalai, Mannachanallur TK, Trichy District. ... Petitioner

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1.The Executive Engineer, Operation and Maintenance, The Tamilnadu Electricity Board, Trichy.

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2.The Assistant Executive Engineer, Operations and Maintenance, The Tamilnadu Electricity Board, TANGEDCO, Samayapuram, Trichy. ... Respondents

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Prayer:- Writ Petition is filed under Article 226 of Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records on the file of the

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Page 1 of 4

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

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W.P.(MD)No.2408 of 2023

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respondent (Rank not mentioned) pertaining to the impugned proceedings in the mail dated 05.01.2023 and quash the same as illegal and to direct the respondents to avail the net meter which is required for the installation of solar roof top project based on the petitioner representation dated 09.01.2023.

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For Petitioner : Ms.Sujatha For Respondents : Mr.S.Deenadhyalan Standing counsel

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ORDER

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Heard the learned counsel for the petitioner and the learned Standing Counsel for the TANGEDCO.

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The petitioner wants the benefit of net metering for installing the solar roof top project. In this regard, he has given representation dated 09.01.2023. The respondents took the stand that the petitioner's application will be considered and processed only if the petitioner pays a sum of Rs.2,02,520/- towards compounding charges along with interest.

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The impugned communication dated 19.09.2022, refers to W.P. (MD)No.13670 of 2012. This was followed by communication dated 05.01.2023 informing the petitioner that the petitioner's application dated

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_________Page 2 of 4

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

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W.P.(MD)No.2408 of 2023

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05.08.2022 has been cancelled. This communication was put to challenge in this writ petition. The said writ petition was allowed on 13.10.2022. Therefore, the demand set out in the impugned communication no longer holds good.

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4.In this view of the matter, this writ petition is allowed and the impugned order is set aside. The respondents are directed to permit the petitioner to avail the benefit of net metering for installing the solar roof top project. I make it clear that the rights of the petitioner will abide by the outcome of the writ appeal which they may file against the order dated 13.10.2022 in W.P.(MD)No.13670 of 2012. Consequently, connected miscellaneous petitions are closed. No costs.

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03.03.2023

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NCC : Yes/No Index:Yes/No Internet:Yes

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pnn

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_________Page 3 of 4

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

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W.P.(MD)No.2408 of 2023

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G.R.SWAMINATHAN, J.

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pnn

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1.The Executive Engineer, Operation and Maintenance, The Tamilnadu Electricity Board, Trichy.

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2.The Assistant Executive Engineer, Operations and Maintenance, The Tamilnadu Electricity Board, TANGEDCO, Samayapuram, Trichy.

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W.P.(MD)No.2408 of 2023

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03.03.2023

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Page 4 of 4

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

Shri BhadugaSeva Trust v. The Executive Engineer

Case brief

What is this about?

What did the court decide?

Shri BhadugaSeva Trust v. The Executive Engineer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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