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Madras High CourtWP/3249/2025disposed of

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

2025-01-30Honourable Mr Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :30.01.2025

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 & 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 the Rs.40,00,000/- payable to the petitioner towards refundable security deposit in the account of the petitioners Solar Power Plant HTSC No. 049514260018.

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

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.40,00,000/- payable to the petitioner towards refundable security deposit in respect of petitioner's Solar Power Plant HTSC No.049514260018.

3. It is the case of the petitioner that, it applied for establishment of 4 MW Solar Power Plant, as per the TNERC's Solar Order No.5/2018. As a precondition, the petitioner deposited a sum of

Rs.40,00,000/- towards refundable security. The letter of intent was issued to the petitioner for commissioning of the solar power plant on 15.11.2024 and the petitioner satisfactorily commissioned the said plant on 29.11.2024 well within the time limit. Therefore, the petitioner is entitled to refund of the security deposit amount. In spite 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.40,00,000/- paid by the petitioner as a precondition for commissioning of solar power plant in HTSC No.049514260018, 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.

30.01.2025 Index:Yes/No Internet:Yes/No nr 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.

nr 30.01.2025 (2/5)