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Madras High CourtWP/6381/2023disposed of

Secan Renewables And Infra Private Ltd v. The Chairman

2023-03-02Honourable Mr Justice C.V. Karthikeyan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2023

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.6381 of 2023 and W.M.P.No.6413 of 2023 Secan Renewables and Infra P Ltd., HTFC No.039094320451, No.504/2C, L&T, By-Pass Road, Eachanari Post, Coimbatore-641 021 Rep. by its Joint Managing Directorate V.P.Ilavarasan .. Petitioner Vs.

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

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

5. The Superintending Engineer, Coimbatore/South Electricity Distribution Circle, Coimbatore.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus or any other Writ or Direction in the nature of a Writ, forbearing the Respondent and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's group concern M/s. Secan Investcast (India) P Ltd bearing HTSC No.039094320451 till the entire outstanding dues of Rs.50,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the Petitioner's Solar Power Plant HTSC No.05951400128 is paid or give adjustment in the current consumption charges payable by the Petitioner till the entire amount is adjusted.

For Petitioner .. M/s.R.S.Pandiyaraj For Respondents For R1 to R4 .. Mr.L.Jaivenkatesh (TNEB)

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. 039094320451 till the entire outstanding dues of Rs.50,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No. 05951400128 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. 05951400128. 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 had applied by letter dated 31.12.2019 for

establishment of the said Solar Power Plant. Security Deposit of Rs.25,00,000/- was paid on 13.07.2022 and another sum of Rs.25,00,000/- was paid on 07.06.2022. The plant was also commissioned. This was also informed. The petitioner claims refund of the refundable Security Deposit of Rs.50,00,000/- 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.50,00,000/-, with the current consumption charges. Though the petitioner had sought that such adjustment to be made with interest at Rs.50,00,000/-, that request is not granted. The sum of Rs.50,00,000/- 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. 02.03.2023 (5/5) Index:Yes/No ata To 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. The Superintending Engineer Non-Conventional Energy Sources, Udumalpet Electricity Distribution Circle, Udumalpet.

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

5. The Superintending Engineer, Coimbatore/South Electricity Distribution Circle, Coimbatore.

C.V.KARTHIKEYAN,J.

ata W.P.No.6381 of 2023 02.03.2023 (5/5)