Armstrong Spinning v. Tamilnadu Power Distribution Corporation Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Armstrong Spinning Mills (P) Ltd., 61 C, Saminathapuram II Street, Anuparapalayam Post, Tirupur - 641 652., repd. by its Authorized Signatory A.Arumugam .. Petitioner Vs.

1.Tamil Nadu Power Distribution Corporation Ltd., (TNPDCL), 10th Floor, 144, Anna Salai, Chennai - 600 002, Represented by its Managing Director.

2.Tamil Nadu Green Energy Corporation Ltd., (TNGECL), 10th Floor, 144, Anna Salai, Chennai - 600 002, Represented by its Managing Director.

3.The Chief Engineer / NCES, (TNGECL), 2nd Floor, 144, Anna Salai, Chennai - 600 002.

4.The Superintending Engineer, TNPDCL, Gobi Electricity Distribution Circle, GOBI.

.. Respondents 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's HTSC No.049094360083 the entire outstanding dues of Rs.20,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.059514500207 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.

For Petitioner Mr.S.P.Parthasarathy For Respondents Mr.D.R.Arunkumar

O R D E R

The grievance of the petitioner is that the petitioner set up Solar Power Plant and at that time, as per the requirement under the Rules, a sum of Rs.20,00,000/- was deposited by way of security deposit. Now the project is over and commissioned. Therefore, the respondent authorities are liable to refund the said amount to the petitioner. Instead of refund, they can also adjust against the outstanding dues in respect of the other high tension connection of the petitioner.

2/4

2.When the matter came up for admission, the learned counsel for the respondent Corporation would submit that it is true that the petitioner is entitled for refund and it can also be adjusted in the high tension connection dues.

3.In view thereof, this Writ Petition is disposed of with the following directions:

(i)The respondents are directed to refund the sum of Rs.20,00,000/- that was deposited by the petitioner as security deposit. (ii)The respondents shall adjust the said amount towards the dues that are payable in respect of the HTSC No.049094360083 by the petitioner and give credit to the same accordingly in the ensuing bill. (iii)In this connection, the authorities can act upon receipt of a web copy of the order without waiting for a certified copy of the order. No costs. 12.02.2025 krk Index No 3/4

Internet Yes No D.BHARATHA CHAKRAVARTHY, J.

krk To 1.Tamil Nadu Power Distribution Corporation Ltd., (TNPDCL), 10th Floor, 144, Anna Salai, Chennai - 600 002, Represented by its Managing Director.

2.Tamil Nadu Green Energy Corporation Ltd., (TNGECL), 10th Floor, 144, Anna Salai, Chennai - 600 002, Represented by its Managing Director.

3.The Chief Engineer / NCES, (TNGECL), 2nd Floor, 144, Anna Salai, Chennai - 600 002.

4.The Superintending Engineer, TNPDCL, Gobi Electricity Distribution Circle, GOBI.

12.02.2025 4/4