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Madras High CourtWP/5587/2023disposed of

Pandian Textile Mills P Ltd., v. The Chairman

2023-02-27Honourable Mr Justice C.V. Karthikeyan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2023

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.5587 of 2023 and W.M.P.No.5604 of 2023 Pandian Textile Mills Pvt. Ltd., HTSC No. 059094500178, Red Off;- 21, Dharapuram Road, Thillai Nagar, Tiruppur - 641 604, Rep. by its Authorised Signatory R.Bommanasamy.

.. Petitioner Vs.

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

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

3.The Superintending Engineer, Non-Conventional Energy Sources, TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.

4.The Superintending Engineer, TANGEDCO, Dindigul Electricity Distribution Circle, Dindigul.

.. Respondents 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. 059094500178 till in the entire outstanding dues of Rs.10,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No. 059514500065 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.

For Petitioner .. Mr.R.S.Pandiyaraj For Respondents .. Mr.S.Madhusudhan Standing Counsel (TANGEDCO)

ORDER

The Writ Petition has been filed in the nature of Mandamus seeking a direction against the respondents forbearing them from collecting current consumption charges, demand charges and any arrears from the petitioner's

HTSC No. 059094500178 till the entire outstanding dues of Rs.10,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No. 059514500065 is paid or given adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. 2.

In the affidavit filed in support of the Writ Petition, it had been stated that the petitioner has a Solar Power Plant bearing Solar HTSC No. 059514500065. It is under the jurisdiction of the third respondent / the Superintending Engineer, Non-Conventional Energy Sources, TANGEDCO, Udumalpet. It is stated that electricity is produced from the Solar Power Plant. The said electricity is also supplied to the respondents. It is stated that the petitioner's sister concern M/s.Pallava Spinning Mills had applied by letter dated 02.07.2019 for establishment of the said Solar Power Plant. The said M/s.Pallava Spinning Mills paid a sum of Rs.25,00,000/- on 30.07.2019 and another sum of Rs.25,00,000/- was paid on 30.11.2019 totalling a sum of Rs.50,00,000/- towards refundable security deposit. Subsequently, by an application dated 30.01.2020, the petitioner applied for splitting of the above said Solar Power Plant in the name of the

petitioner. The said application was approved by the 2nd respondent vide letter dated 29.08.2020. Hence, out of Rs.50,00,000/- paid towards refundable security deposit, a sum of Rs.10,00,000/- was considered as refundable security deposit in the account of the petitioner for 1MW as applied vide application dated 30.01.2020. Security Deposit of Rs.10,00,000/- was paid. The plant was also commissioned. This was also informed. The petitioner claims refund of the refundable Security Deposit of Rs.10,00,000/- paid. It is stated that the respondents had not refunded the amount. The respondent has been collecting the current consumption charges and had also demanded charges and arrears from the petitioner herein. The petitioner seeks adjustment of the refundable Security Deposit with the current consumption charges.

3.

I am informed that there are several orders by learned Single Judges of this Court passed in this regard. A perusal of the same reveals that directions have been given to adjust the refundable Security Deposit, in this case, Rs.10,00,000/-, with the current consumption charges. Though the petitioner had sought that such adjustment to be made with interest at Rs.10,00,000/-, that request is not granted. The sum of Rs.10,00,000/- paid

as a Security Deposit alone shall be adjusted with the current consumption charges from the next consumption bill raised by the second respondent herein. Till the adjustment is over, the petitioner should not suffer any order of disconnection.

4.

The Writ Petition stands disposed of. No order as to costs. Consequently, connected Miscellaneous Petition is closed. 27.02.2023 (3/5) Index:Yes/No Internet:Yes/No ata

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

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

3.The Superintending Engineer, Non-Conventional Energy Sources, TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.

4.The Superintending Engineer, TANGEDCO, Dindugal Electricity Distribution Circle, Dindugal.

C.V.KARTHIKEYAN,J.

ata W.P.No.5587 of 2023 27.02.2023 (3/5)