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Madras High CourtWP/2597/2025disposed of

M/S.Allwin Green Energy Pvt Ltd v. The Chairman

2025-01-28Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR M/s.Allwin Green Energy Pvt. Ltd., 2/104, Naveethan Thottam, Vijayamangalam, Perundurai (Tk), Erode Dist-638 056 Repd. by its Authorized Signatory P.Arun ... Petitioner vs.

1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002 2.Chief Engineer, Non Conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002.

3.Director - Generation, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002 ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of 1/6

India, to issue a Writ of Mandamus, directing the Respondents to refund the Rs.20,00,000/- payable to the petitioner towards refundable security deposit in the account of the Petitioner's Solar Power Plant HTSC No.049514260015.

For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.D.R.Arunkumar Standing Counsel (TNEB)

O R D E R

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.049514260015.

3. It is the case of the petitioner that it applied for establishment of 2/6

2 MW Solar Power Plant as per the TNERC's Solar Order No.5/2018, dated 28.03.2018. 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 26.02.2024 and the petitioner satisfactorily commissioned the said plant on 21.03.2024 well within the time limit. Therefore, the petitioner is entitled to refund of the entire 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 is taking 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 amount.

5. In view of the same, the 2nd 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.049514260015, within a period of six weeks from the date of receipt of 3/6

copy of this order.

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

28.01.2025 (5/5) Index :Yes / No Speaking order :Yes / No :Yes / No dm 4/6

To 1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002.

2.Chief Engineer, Non Conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002.

3.Director - Generation, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002.

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S.SOUNTHAR, J.

dm 28.01.2025 (5/5) 6/6