WP/42844/2026 of M/S.VSS SOLAR ENERGY PRIVATE LIMITED Vs THE TAMIL NADU POWER DISTRIBUTION on 16 October 2026

ORDER

This Writ Petition has been filed for the following reliefs:- “Directing the 4th and 5th respondents to grant an additional 180 days from the deadline mentioned in the Noted for Record letter dated 19.09.2025, without enforcing commitment charges for the extended period, for energising the petitioners 4 MW Solar Plant into the Respondents grid based on the order passed by this Honble Court in WP.No. 21524 batch dated 19.08.2026.”

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WP No. 42844 of 2026

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:- “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,

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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 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

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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.

(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 petitions, it would suffice to follow the said order. Accordingly, the present writ petitions are disposed of in terms of the earlier order passed in W.P. No. 21524 of 2026 (Batch), dated 19.08.2026. No costs. 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SHR

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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 Ltd., (TNGECL), 10th Floor, 144, Anna Salai, Chennai- 600 002. Represented by its Managing Director.

3. The Tamil Nadu Transmission Corporation Ltd (TANTRANSCO), 6th Floor, TANTRANSCO Building, 10th Floor, 144, Anna Salai, Chennai- 600 002. Represented by its Managing Director.

4. The Director / Technical The Tamil Nadu Green Energy Corporation Ltd., (TNGECL), 144, Anna Salai, Chennai-600 002.

5. The Chief Engineer/ Nces (fac) The Tamil Nadu Green Energy Corporation Ltd., (TNGECL), 10th Floor, Western Wing, NPKKR Maaligai, 144, Anna Salai, Chennai-600 002.

6. The superintending Engineer TNPDCL, Pudukottai Electricity distribution circle, Pudukottai.

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P.T.ASHA J. SHR WP No. 42844 of 2026 16-10-2026

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