Swelect Energy Systems Limited, vs The Tamil Nadu Power Distribution Corporation Limi

WP No. 44095 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-10-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA
WP No. 44095 of 2026
CNR:{HCMA012579282026}
AND
WMP NO. 49457 OF 2026,WMP NO. 49459 OF 2026,WMP NO. 49460 OF
2026
Swelect Energy Systems Limited,
SWELECT HOUSE, No. 5,
Sir P.S. Sivasamy Salai,
Mylapore, Chennai - 600 004.
..Petitioner(s)
Vs
1. The Tamil Nadu Power Distribution
Corporation Limited (TNPDCL),
10th Floor, 144, Anna Salai, Chennai 600 002,
Represented by its Chairman and Managing
Director.
2. The Tamil Nadu Green Energy Corporation
Limited (TNGECL),
10th Floor, 144, Anna Salai, Chennai 600 002,
Represented by its Managing Director.
3. The Tamil Nadu Transmission Corporation
Limited (TANTRANSCO),
6th Floor, TANTRANSCO Building, 144, Anna
Salai, Chennai 600 002,
Represented by its Managing Director.
4. The Director/Technical,
Tamil Nadu Green Energy Corporation
Limited,
144, Anna Salai, Chennai 600 002.
5. The Chief Engineer/NCES (FAC),
Tamil Nadu Green Energy Corporation
Limited,
10th Floor, Western Wing, NPKKR Maaligai,
144, Anna Salai, Chennai 600 002.
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WP No. 44095 of 2026
6. The Superintending Engineer,
Trichy Operation Circle, TANTRANSCO,
Trichy 620 001.
7. The Superintending Engineer,
General Construction Circle, TANTRANSCO,
110 KV Grid SS Campus, Near Collectorate,
Trichy 620 001.
8. The Director/Operation,
Tamil Nadu Transmission Corporation Limited,
TANTRANSCO,
144, Anna Salai, Chennai 600 002.
9. The Chief Engineer/Distribution,
Trichy, Tamil Nadu Power Distribution
Corporation Limited, Trichy, TNEB Complex,
Thennur, Trichy - 620 017.
..Respondent(s)
Prayer:- to issue a WRIT OF MANDAMUS or any other appropriate writ, order
or direction, directing the Respondents to extend the time for completion and
commissioning of the Petitioner's 110/33 KV pooling substation at
Velalaviduthi under Lr.No.CE/NCES/SE /Solar/EE/SCB/L21/F.M/s.SWELECT
Energy Systems Limited - 50MW/D.1664/2025 dated 15.07.2025, by seven
months from 15.10.2026, that is, up to 15.05.2027, without levy of commitment
charges, and to expeditiously process all pending approvals for its
commissioning, including the registration and issuance of Noted for Record for
the Petitioners solar plant to be connected to its 110/33 KV pooling substation
at Velalaviduthi, and pass such further or other orders as this Honble Court may
deem fit and proper, and thus render justice.
For Petitioner(s): M/S.Rahul Balaji
For Respondent(s): M/s.D.R. Ragunath, Standing Counsel for TNEB
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WP No. 44095 of 2026
ORDER
This Writ Petition has been filed for the following reliefs:-
“to issue a WRIT OF MANDAMUS or any other appropriate writ, order
or direction, directing the Respondents to extend the time for completion and
commissioning of the Petitioner's 110/33 KV pooling substation at
Velalaviduthi under Lr.No.CE/NCES/SE /Solar/EE/SCB/L21/F.M/s.SWELECT
Energy Systems Limited - 50MW/D.1664/2025 dated 15.07.2025, by seven
months from 15.10.2026, that is, up to 15.05.2027, without levy of commitment
charges, and to expeditiously process all pending approvals for its
commissioning, including the registration and issuance of Noted for Record for
the Petitioners solar plant to be connected to its 110/33 KV pooling substation
at Velalaviduthi, and pass such further or other orders as this Honble Court
may deem fit and proper, and thus render justice.”
2. When the matters came up for hearing, the learned counsel appearing
for both sides submitted that, in similar circumstances, this Court had disposed
of W.P. No. 21524 of 2026 (Batch), vide order dated 19.08.2026 by issuing
certain directions, and that the same directions may be issued in the present writ
petitions as well.
3. The relevant portion of the order passed in W.P. No. 21524 of 2026
(Batch) are extracted herein-under as follows:-
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WP No. 44095 of 2026
“8. Now, the core grievance with reference to keeping in abeyance of the
NFR is no more available. The only difficulty is that originally, when the outer
limit has been granted for the various stages to be reached, now, on account of
the NFR being kept in abeyance for about a period of 56 days, there is a delay.
While there is no objection on behalf of the respondents to deduct that 56 days
and extend the time by 56 days, the petitioners are seeking more time. Even
more time is not objected to, but the respondents are insisting that a larger
period of time would attract the commitment charges. It is in this regard, it must
be seen that as commercial ventures, when the petitioners have all invested and
were proceeding with the commitment, it is not the case that as on the date of
the NFR being kept in abeyance, the petitioners lagged or they did not take any
steps at all.
9. When works of this nature are proceeding in a particular pace,
suddenly, when the order of keeping in abeyance, though it was made with a
good intention, comes, it also results in a setback to the respective units and as
rightly contended, once again, a period of time to reboot themselves should be
granted. Even though the learned Advocate General would submit that another
two months' time would be a reasonable period, I am of the view that instead of
56 days, by adding a time limit by way of abundant caution so as to avoid
further litigation, a total number of 180 days can be extended in respect of each
of the petitioners without any additional commitment charges. That does not
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WP No. 44095 of 2026
mean that the petitioners have to prolong their progress. They can also
complete their next steps at the earliest, considering that it would be mutually
beneficial to complete the project at the earliest and commission the project.
10. In view thereof, these writ petitions are disposed of on the following
terms:
(i) The submission made by the learned Advocate General appearing for
the respondents that the impugned communication keeping the NFR (Noted for
Record) in abeyance is no longer in force and each of the petitioners have
already been communicated with the same and all the subordinate authorities
and every authority need not now act upon the impugned communication dated
27.05.2026, is recorded and all the authorities, be it the respondent authorities
or the other statutory authorities, shall proceed further to process the
requests/certificates which are pending at the appropriate stage and the
petitioners can further continue to complete their processes and move towards
commissioning of the project and projects after obtaining CEIG certificates can
be commissioned as expeditiously as possible.
(ii) Pursuant to the original contract or award, a total of 180 days shall
be added to each petitioner's final commissioning deadline, and no additional
commitment charges shall be enforced for this extended period.
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WP No. 44095 of 2026
(iii) Consequently, connected miscellaneous petitions are also closed. No
costs.
4. Considering the submissions made by the counsels on either side and
also considering that the facts on which the above referred writ petitions were
disposed of are identical to those of the present writ petition, it would suffice to
follow the said order. Accordingly, the present writ petition is disposed of in
terms of the earlier order passed in W.P.No.21524 of 2026 (Batch), dated
19.08.2026. The respondents shall grant 180 days extension starting from today
without any additional commitment charges. No costs. Consequently, the
connected miscellaneous petitions are closed.
29-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
SHR
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WP No. 44095 of 2026
To
1. The Tamil Nadu Power Distribution Corporation Limited (TNPDCL),
10th Floor, 144, Anna Salai, Chennai 600 002,
Represented by its Chairman and Managing Director.
2. The Tamil Nadu Green Energy Corporation Limited (TNGECL),
10th Floor, 144, Anna Salai, Chennai 600 002,
Represented by its Managing Director.
3. The Tamil Nadu Transmission Corporation Limited (TANTRANSCO),
6th Floor, TANTRANSCO Building, 144, Anna Salai, Chennai 600 002,
Represented by its Managing Director.
4. The Director/Technical,
Tamil Nadu Green Energy Corporation Limited,
144, Anna Salai, Chennai 600 002.
5. The Chief Engineer/NCES (FAC),
Tamil Nadu Green Energy Corporation Limited,
10th Floor, Western Wing, NPKKR Maaligai, 144, Anna Salai, Chennai 600
002.
6. The Superintending Engineer,
Trichy Operation Circle, TANTRANSCO,
Trichy 620 001.
7. The Superintending Engineer,
General Construction Circle, TANTRANSCO,
110 KV Grid SS Campus, Near Collectorate, Trichy 620 001.
8. The Director/Operation,
Tamil Nadu Transmission Corporation Limited, TANTRANSCO,
144, Anna Salai, Chennai 600 002.
9. The Chief Engineer/Distribution,
Trichy, Tamil Nadu Power Distribution Corporation Limited, Trichy, TNEB
Complex, Thennur, Trichy - 620 017.
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WP No. 44095 of 2026
P.T.ASHA J.
SHR
WP No. 44095 of 2026
AND
WMP NO. 49457 OF 2026,WMP NO. 49459 OF 2026,WMP NO. 49460 OF
2026
29-10-2026
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