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Madras High CourtWP/57/2025disposed of

M/S Knm Santhosh Mills And Green Energy Private Limited v. The Chairman

2025-01-06Honourable Mr Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 06.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR M/s KNM Santhosh Mills and Green Energy Pvt.Ltd., KNM House, No.9 and 10, Bhashyakaralu Road East, R.S.Puram, Coimbatore 641 002 rep. by Managing Director Sri L Santhosh ... Petitioner Vs.

1. The Chairman, Tamil Nadu Generation & Distribution Corporation Limited, No.144, Anna Salai, Chennai 600 002.

2. The Chief Engineer, Non-Conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation Limited, No.144, Anna Salai, Chennai 600 002.

3. The Director Generation.

Tamil Nadu Generation and Distribution Corporation Limited, No.144, Anna Salai, Chennai 600 002.

... Respondents Prayer: Writ petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus, directing the respondents to refund Rs.20,00,000/- payable to the petitioner towards refundable

security deposit in the account of the petitioner's Solar Power Plant HTSC No.069534400022.

For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr. D.R.Arunkumar, Standing Counsel

ORDER

By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.

2. The petitioner herein seeks a direction to the respondents to refund a sum of Rs.20,00,000/- payable to the petitioner towards refundable security deposit in respect of petitioner's Solar Power Plant HTSC No.069534400022.

3. It is the case of the petitioner that, it applied for establishment of 2 MW Solar Power Plant, as per the TNERC's Solar Order No.5/2018. As a precondition, the petitioner deposited a sum of Rs.20,00,000/- towards refundable security. The letter of intent was issued to the petitioner for commissioning of the solar power plant on

15.03.2024 and the petitioner satisfactorily commissioned the said plant on 31.03.2024 well within the time limit. Therefore, the petitioner is entitled to refund of the security deposit amount. Inspite of the commissioning of the solar power plant within time, the respondents have not paid the deposit amount to the petitioner. Hence the petitioner has come before this Court.

4. Mr.D.R.Arunkumar, learned Standing Counsel, who takes notice for the respondents would submit that the petitioner's solar power plant was commissioned within the time limit. Therefore, the petitioner is entitled to refund of the entire security deposit.

5. In view of the same, the second respondent is directed to refund the security deposit amount of Rs.20,00,000/- paid by the petitioner as a precondition for commissioning of solar power plant in HTSC No.069534400022, within a period of six weeks from the date of receipt of copy of this order.

6. With the above directions, the Writ Petition stands disposed of. No costs.

06.01.2025 Index:Yes/No Internet:Yes/No mst To

1. The Chairman, Tamil Nadu Generation & Distribution Corporation Limited, No.144, Anna Salai, Chennai 600 002.

2. The Chief Engineer, Non-Conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation Limited, No.144, Anna Salai, Chennai 600 002.

3. The Director Generation.

Tamil Nadu Generation and Distribution Corporation Limited, No.144, Anna Salai, Chennai 600 002.

S.SOUNTHAR, J.

mst 06.01.2025