TIMKEN ENGINEERING AND RESEARCH - INDIA PRIVATE LI vs Tamilnadu Power Distribution Corporation Limited (

WP No. 45053 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-11-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA
WP No. 45053 of 2026
CNR:{HCMA012644622026}
and
WMP No. 50548 OF 2026
Timken Engineering and Research -
India Private Limited,
A company incorporated under the Companies Act, 1956
(CIN U74200KA1998PTC023894), having its
Registered Office at Sy.No.39(P), 41(P), Electronic City,
Phase II, Doddathogur Village, Begur Hobli,
Bangalore - 560100
And its Manufacturing Unit at :
Plot No.AA-3 , 6th Avenue, Mahindra World City,
P.O.Natham, Chengalpet, Tamil Nadu - 603 004,
Represented by its Authorised Signatory, Mr.Sudharsan G,
General Manager - Chennai Operations.
..Petitioner
Vs
1. Tamil Nadu Power Distribution Corporation
Limited (TNPDCL)
(formerly Tamil Nadu Generation and
Distribution Corporation Limited
(TANGEDCO)), NPKRR Maaligai,
144, Anna Salai, Chennai - 600002
Through the Chairman cum Managing Director.
2. The Superintending Engineer (I/C),
Tamil Nadu Power Distribution Corporation
Limited (TNPDCL),
Chengalpattu Electricity Distribution Circle,
Chengalpattu - 603002.
3. The Chief Financial Controller - Revenue,
Tamil Nadu Power Distribution Corporation
Limited (TNPDCL)
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WP No. 45053 of 2026
NPKRR Maaligai, 144, Anna Salai,
Chennai - 600002.
4. Tamil Nadu Electricity Regulatory Commission,
Represented by its Secretary,
SIDCO Corporate Office Building, 4th Floor,
Thiru.Vi.Ka.Industrial Estate, Guindy,
Chennai - 600032.
5. The Government of Tamil Nadu
Represented by its Secretary to Government,
Energy Department, Fort St.George,
Chennai - 600009.
..Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus directing the respondents to remove the
lock and seal and allow the petitioner to operate the 1 MW Roof Top Solar
Plant for captive consumption as per the petitioner's representation dated
29.09.2026, 14.10.2026 and 22.10.2026 and pass orders.
For Petitioner: Mr.Raghul Balaji
for Mr.Gautham S Raman
For Respondents: M/s.E.Karthikeyan
Standing Counsel [R1 to R5]
ORDER
Seeking to remove the lock and seal put on the Spring Charging Handle
of Air Circuit Breaker connecting the Solar Plant installed in the petitioner’s
manufacturing unit, the petitioner is before this Court.
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WP No. 45053 of 2026
2. The brief facts that led to the filing of the above writ petition are
herein below set out :
(a) The petitioner is a company incorporated under the Companies Act,
1956 and is engaged in Engineering Research and Manufacturing
Activities.
(b)The petitioner holds High Tension Service Connection supplied by the
first respondent, TNPDCL. Pursuant to its solar power purchase
arrangement with the respondent-Corporation, the petitioner had set
up its captive roof top solar plant in the year 2018 by TORP Systems
Private Limited, and subsequently, it was novated to a company
named Be Onsite Solar Energy Private Limited. This Be Onsite Solar
Energy company is a part of Berkeley Energy Commercial Industrial
Solutions [ hereinafter called 'BECIS'], the developer of the
petitioner's solar plant. Under this arrangement, the solar plant is
owned and operated by BECIS on an operational expenditure basis
and the petitioner had paid the BECIS for the energy generated and
consumed by it.
(c) The petitioner would submit that the solar plant was set up to meet the
captive consumption of the petitioner's unit. The solar plant was
connected on the petitioner's internal load side, behind the high
tension meeting point. Further, the plant is protected by reverse power
relays that was installed on the HT incomer, to prevent any flow of
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WP No. 45053 of 2026
energy from the solar plant into the grid. The energy generated by the
solar plant is consumed within the petitioner's premises and the energy
so generated was neither injected into, sold to, or credited by
TNPDCL. Therefore, the petitioner would contend that the solar plant
was designed and operated solely for the petitioner's own captive
consumption and was never intended to operate parallelly with the
grid.
(d)While so, on 10.12.2021, the officials of TANGEDCO, Chengalpattu,
inspected the petitioner's premises, switched off and locked the solar
plant without issuing any show cause notice. The lock and seal was
on the ground that the power plant was operating without the
permission of TANGEDCO / CEDC since November 2018. On the
same day, the petitioner had submitted a letter to unlock and to resume
the operation of solar plant. Thereafter, on 14.12.2021, based on the
oral permission of the officials of TANGEDCO, the solar plant had
resumed its operation.
(e) While so, on 28.09.2026, the Intelligence Wing of the Electricity
Board (operated by TNPDCL) inspected the petitioner's premises and
the officials have placed a physical seal on the Spring Charging
Handle of the Air Circuit Breaker connecting the solar plant and
stopped its operations. Thereafter, the petitioner had submitted their
representations dated 29.09.2026, to remove the seal put up on the Air
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WP No. 45053 of 2026
Circuit Breaker. However, without considering the request of the
petitioner, the second respondent had issued a show cause notice on
09.10.2026 demanding the petitioner to pay a sum of Rs.96,17,539/-
towards parallel operation / network charges for November 2018 to
September 2026, within 15 days. This was objected by the petitioner
vide its reply dated 14.10.2026. The second respondent thereafter
issued the impugned notice on 17.10.2026, revising the demand to
Rs.94,88,539/- . Aggrieved by the same, the petitioner had approached
the second respondent with yet another representation dated
22.10.2026 requesting them to withdraw the show cause notice and to
grant permission to operate the solar plant.
(f) Since no action is forthcoming from the respondents, the petitioner is
before this Court.
3. The grievance of the petitioner is that at no point in time, the
respondents have disputed that the solar plant is a captive plant nor had they
alleged that the solar plant exports any energy to grid. Further, the contention
of the petitioner is that the respondent without issuing any prior show cause
notice, had sealed the solar plant. It is also contended by the petitioner that
despite its repeated representations to the respondents to remove the impugned
sealing and to permit the solar plant to operate, the same was not considered by
the respondents. The solar plant remaining non-operational is causing serious
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WP No. 45053 of 2026
and continuous loss to the petitioner approximately to a sum of Rs.5,00,000/-
per month. Hence, he seeks the relief supra.
4. The learned Standing Counsel appearing for the respondents would
submit that the petitioner have to obtain prior approval from the respondent-
Corporation before operating the solar plant and that apart, the solar plant is
connected to the grid. However, the learned counsel appearing for the petitioner
would submit that the petitioner's solar plant is not connected to the grid.
5. Heard the learned counsel on either sides and also perused the
materials placed on record.
6. Tamil Nadu Electricity Regulatory Commission has framed the
regulations in exercise of powers conferred on them under Section 61(h) read
with Section 86(1)(e) and Section 181 of the Electricity Act, 2003. Regulations
provides for interconnectivity with the grid for standards and safety.
7. Regulation No.8.14 therein provides that Grid Connected Renewable
Energy Generating System is connected behind the consumer's meter, and in
case, the consumer does not opt for either Net Metering Arrangement or Net
Billing Arrangement, the same shall be allowed only after a prior intimation to
the respective Distribution Licensee. Regulation No.8.5 provides that where the
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WP No. 45053 of 2026
Grid Interactive Solar PV Energy Generating System (GISS) plant is found
running parallel to the supply system of the Distribution Licensee without
approval, then the supply to the consumer can be disconnected giving a three
day notice and the supply shall be restored only after the plant is isolated from
the supply system of the licensee.
8. A reading of the above clearly indicates that where a plant is not
connected to the meter or grid but running independently, and an intimation is
received by the respondent-Board that the consumer is in violation, the
authorities would thereupon inspect the premises. If upon inspection, they find
a violation that the plant is unauthorisedly connected to the Distribution Supply
System, then it is well open to the authorities to take action. Further, in the
instant case it is admitted that neither a show cause notice was served on the
petitioner nor was the petitioner heard, before the sealing of the Spring
Charging Handle of the Air Circuit Breaker connecting the petitioner's Solar
Plant. It is also seen that a similar exercise of lock and seal was done in the
petitioner's solar plant in December 2021 and thereafter, it was reversed by the
second respondent by unlocking the solar plant and permitting the petitioner to
resume its operation. Further, from a reading of the Regulations, it throws
light that for running a solar plant for personal consumption, no prior approval
is required and what is contemplated is only to provide an information to the
authorities. In the instant case, the respondent-Board is very much aware about
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WP No. 45053 of 2026
the existence of the said plant. Therefore, taking note of the fact that the sealing
has been done without notice, by flouting the principles of natural justice, the
writ petition is disposed of with a direction to de-seal the plant and restore the
connection forthwith, and the respondents shall thereafter conduct a joint
inspection within a period of two weeks from the date of receipt of a copy of
this order. No costs. Consequently, connected miscellaneous petition is closed.
04-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
DS
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WP No. 45053 of 2026
To:
1. The Chairman cum Managing Director.
Tamil Nadu Power Distribution Corporation Limited (TNPDCL)
(formerly Tamil Nadu Generation and Distribution
Corporation Limited (TANGEDCO)),
NPKRR Maaligai, 144, Anna Salai,
Chennai - 600002
2. The Superintending Engineer (I/C),
Tamil Nadu Power Distribution Corporation Limited (TNPDCL),
Chengalpattu Electricity Distribution Circle
Chengalpattu - 603002.
3. The Chief Financial Controller - Revenue,
Tamil Nadu Power Distribution Corporation Limited (TNPDCL)
NPKRR Maaligai, 144, Anna Salai,
Chennai - 600002.
4. The Secretary
Tamil Nadu Electricity Regulatory Commission,
SIDCO Corporate Office Building, 4th Floor,
Thiru.Vi.Ka.Industrial Estate, Guindy,
Chennai - 600032.
5. The Secretary to Government
Government of Tamil Nadu
Energy Department, Fort St.George,
Chennai - 600009.
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WP No. 45053 of 2026
P.T.ASHA J.
DS
WP No. 45053 of 2026
and
WMP No. 50548 of 2026
04-11-2026
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