M/S.Sri Ratna Lakshmi Spinning Mills P Ltd., v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.02.2023
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.No.5421 of 2023 M/s. Sri Ratna Lakshmi Spinning Mills P. Ltd HTSC No.049094260103, 388/1st Floor, Muniappankovil Street Manickampalayam, Erode-641 016 Rep. by its Authorised Signatory V.Gunasekaran ...
Petitioner Vs 1.The Chairman Tamil Nadu Generation and Distribution Corporation Ltd., 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.The Additional Chief Engineer Non-Conventional Energy Sources 104 Dhali Road, Udumalpet-642 126.
4.The Superintending Engineer TANGEDCO, Erode Electricity Distribution Circle, Erode.
...
Respondents Prayer: WP No.5421/2023 filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus forbearing the Respondents and their men agents from collecting current consumption charges demand charges and any arrears from the 1/6
petitioner's HTSC No.049094260103 till the entire outstanding dues payable to the petitioner along with interest towards refundable security deposit in the account of the petitioners Solar Power Plant HTSC No.059514500101 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
For the Petitioner :
Mr.R.S.Pandiyaraj For the Respondents :
Mr.L.Jai Venkatesh, for the third respondent Mr.I.Syed Sibghatulla, for the fourth respondent No appearance for respondents 1 and 2
ORDER
The Writ Petition has been filed in the nature of Mandamus seeking a direction against the respondent forbearing them from collecting current consumption charges, demand charges and any arrears from the petitioner's HTSC No. 049094260103 till 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. 059514500101 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 2/6
been stated that the petitioner has a Solar Power Plant bearing Solar HTSC No.059514500101. It is under the jurisdiction of the third respondent / the Additional Chief Engineer, Non-conventional Energy Sources,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 had applied by letter dated 23.01.2021 for establishment of the said Solar Power Plant. Security Deposit of Rs.20,00,000/- was paid by the petitioner. The plant was also commissioned. This was also informed. The petitioner claims refund of the refundable Security Deposit of Rs.20,00,000/- 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.20,00,000/-, with the current consumption charges. Though the petitioner had sought that such 3/6
adjustment to be made with interest at Rs.20,00,000/-, that request is not granted. The sum of Rs.20,00,000/- 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. No costs. Consequently, WMP No.5442 of 2023 is closed. 24.02.2023 Index: Yes/no mrn To 1.The Chairman 4/6
Tamil Nadu Generation and Distribution Corporation Ltd., 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.The Additional Chief Engineer Non-Conventional Energy Sources 104 Dhali Road, Udumalpet-642 126.
4.The Superintending Engineer TANGEDCO, Erode Electricity Distribution Circle, Erode.
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C.V.KARTHIKEYAN, J.
(mrn) W.P.No.5421 of 2023 24.02.2023 6/6