Lan Spintex P Ltd v. Tamilnadu Generatio And Distribution

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 20.02.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M/s.Lan Spintex P Ltd., HTSC No.059094500293, SF.No.142,143 & 144, Pushpathur Village, Udumalai - Palani Road, Palani Taluk, Dindigul District, Repd By its Authorized Signatory Saravanan ... Petitioner /versus/

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 TANGEDCO, 144, Anna Salai, Chennai 600 002.

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

Prayer: Writ Petition is filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, forbearing the respondents and their men, agents from collecting current consumption charges, demand charges any any arrears from the petitioner's HTSC No.059094500293 the entire outstanding dues of Rs.45,00,000/- payable to the petitioner along with interest towards refundable security deposit in the accounts of the petitioner's Solar Power Plant HTSC No.05951450195 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted and pass orders. For Petitioner : Mr.M.Saravanakumar.

For Respondents : Mr.D.R.Arun Kumar, RR1 to 4 ***

O R D E R

The writ petition is filed on the premise that when the petitioner established and commissioned the captive generated generation plant as per the Rules, the petitioner furnished the security deposit of Rs.45,00,000/-. The same is refundable once the plant is commissioned. The same is neither refunded nor adjusted with the consumption dues in respect of the high tension connection of the petitioner and hence the writ petition.

2. When the matter came up for hearing, both sides the learned counsel submitted that the amount is refundable and it is also adjustable and several orders are passed by this Court.

3. In view thereof, this writ petition is disposed of on the following terms:- (i) The respondents are directed to refund the sum of Rs.45,00,000/- that was deposited by the petitioner as security deposit. (ii) The entire security deposit of Rs.45,00,000/- be adjusted towards the current consumption charges payable in respect of the petitioner's HTSC No.059094500293 in the ensuing monthly bill and the successive bills until the sum is exhausted.

(iii) The authorities can act upon receipt of a web copy of the order without waiting for the certified copy of the order. No costs. 20.02.2025 : No.

bsm

D.BHARATHA CHAKRAVARTHY , J.

bsm To,

1. The Managing Director Tamil Nadu Power Distribution Corporation Ltd., (TNPDCL) Floor, 144, Anna Salai, Chennai - 600 002.

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

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

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

5. The Government Pleader, High Court, Madras.

20.02.2025