Bell Tower Vs Tamilnadu Generation and Distribution Corporation Ltd.

Bell Tower Enterprises LLP Represented by its Designated Partner P. Anand No.102/17, Paventhar Bharathidasan Nagar Radhapuram Tirunelveli - 627 111. ..

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.. Petitioner

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Vs.

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Tamil Nadu Generation & Distribution Corporation Ltd., (TANGEDCO) Represented by its Chairman & Managing Director No.144, Anna Salai Chennai - 600 002.

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The Director (Finance) Tamil Nadu Generation & Distribution Corporation Ltd. No.144, Anna Salai Chennai - 600 002.

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The Chief Financial Controller/Revenue TANGEDCO

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7th Floor, East Wing No.144, Anna Salai Chennai - 600 002.

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

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W.P.No.12964 of 2025

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The Superintending Engineer TANGEDCO Tirunelveli Electricity Distribution Circle Tirunelveli.

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The Serious Fraud Investigation Office Ministry of Company Affairs Union of India Represented by its Senior Assistant Director, Corporate Bhavan Ground Floor, No. 29, Rajaji Salai Chennai - 600 001.

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The Directorate of Enforcement Chennai Zonal Office No.2, 5^th and 6^th Floor, BSNL Administrative Building Kush Kumar Road, Nungambakkam Chennai - 600 034.

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M/s. Renfra Power Private Limited Represented by its Director Corporate Office at Regus Olympia Platina 9th Floor, Plot No.33-B, South Phase Guindy Industrial Estate Chennai - 600 032.

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M/s. GWind Services Private Limited Represented by its Director Registered Office at No.65, Moohambigai Nagar, KTC Nagar Palayamkottai, Sivanthipatti Tirunelveli District - 627 011. .. Respondents

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Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the Respondents 5 and 6 to permit the Petitioner, through a suitable person as appointed by this

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

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W.P.No.12964 of 2025

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Hon'ble Court, to utilise the funds available in the bank accounts of the Petitioner, for the specific purpose of operating and maintaining the Windmills and for clearing dues owed to the O&M service providers and salaries of the employees by allowing the Petitioner to run the Wind Energy Generators constructively taken possession by the 6*^ Respondent under the provisions of the Prevention of Money Laundering Act, 2002 (the "PMLA"), by considering the Petitioner's representation dated 30.12.2024, within the time frame as may be fixed by this Hon'ble Court.

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For Petitioner : Mr.P.H.Arvindh Pandian Senior Counsel For Mr.R.Anbukarasu For Respondents : Mr.D.R.Arun Kumar Standing Counsel for Respondents 1 to 4 Mr.B.Mohan Special Public Prosecutor for Respondent-5 Mr.V.Lokesh Special Public Prosecutor For Mr.N.Ramesh Special Public Prosecutor for Respondent-6 No appearance for Respondents 7 & 8

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W.P.No.12964 of 2025

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ORDER

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(Order of the Court was made by the Hon'ble Chief Justice)

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While the appeal in the matter of challenge to the order of confirmation of attachment of alleged proceeds of crime, including property of petitioner, is pending consideration, learned counsel for petitioner would submit that the attachment of properties, which include wind power unit, is seriously and adversely affecting petitioner, who is a bona fide purchaser.

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It is submitted that even if the property remains under attachment, this Court may direct appointment of Receiver or evolve a mechanism to ensure that the wind power unit is brought back into operation, so that energy may be produced and the entire power generation unit may not be reduced to a waste.

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Any direction to operate the wind mill, which is under attachment, would amount to nullifying the order of attachment.

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W.P.No.12964 of 2025

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Since a statement has been made that the predicate

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offence itself has been quashed, we are of the view that this aspect needs to be examined as a subsequent event. At least this may give petitioner an occasion to seek urgent and out-of-turn hearing before the Appellate Tribunal.

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We give liberty to petitioner to move an application for out-

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of-turn hearing before Appellate Tribunal, particularly on the ground that the predicate offence itself has been quashed in proceedings before the Karnataka High Court. If a prayer is made for expeditious hearing, we request the Appellate Tribunal to hear the appeal at the earliest.

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Petition is disposed. There shall be no order as to costs.

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Consequently, the interim application is closed.

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(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 08.01.2026 Index : Yes/No Neutral Citation : Yes/No kpl

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W.P.No.12964 of 2025

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To

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Tamil Nadu Generation & Distribution Corporation Ltd., (TANGEDCO) Represented by its Chairman & Managing Director, No.144, Anna Salai Chennai - 600 002.

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The Director (Finance) Tamil Nadu Generation & Distribution Corporation Ltd. No.144, Anna Salai Chennai - 600 002.

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The Chief Financial Controller/Revenue TANGEDCO 7th Floor, East Wing No.144, Anna Salai, Chennai - 600 002.

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The Superintending Engineer TANGEDCO Tirunelveli Electricity Distribution Circle Tirunelveli.

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The Serious Fraud Investigation Office Ministry of Company Affairs Union of India Represented by its Senior Assistant Director, Corporate Bhavan Ground Floor, No. 29, Rajaji Salai Chennai - 600 001.

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The Directorate of Enforcement Chennai Zonal Office No.2, 5^th and 6^th Floor, BSNL Administrative Building Kush Kumar Road, Nungambakkam Chennai - 600 034.

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W.P.No.12964 of 2025

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THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

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(kpl)

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W.P.No.12964 of 2025