Madras High CourtWP/6213/2023disposed of

M/S.Eveready Textiles Wind Farm v. The Chairman

2023-03-01Honourable Mr Justice C.V. Karthikeyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN M/s.Eveready Textiles Wind Farm LLP, No.16 (Old No.93) Jothi Theatre Road, Tirupur 641601 rep. By its Authorised Person, Mr.S.Chandrakumar ...

Petitioner Vs 1.The Chairman TANGEDCO.

144 Anna Salai, Chennai 600 002.

2.The Chief Engineer Non Conventional Energy Sources TANGEDCO 144 Anna Salai, Chennai 600 002.

3.The Superintending Engineer Non Conventional Energy Sources TANGEDCO Udumalpet South 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, for the issuance of a Writ of Mandamus forbearing the Respondents and their men, agents from collecting current consumption charges 1/6

demand charges and any arrears from the petitioner's sister concern Eveready Spinning Mill P Ltd HTSC No.059094500347 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.05951400130 is paid or given 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.S.Madhusudhanan, for TANGEDCO

O R D E R

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. 059094500347 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. 05951400130 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.05951400130 It is under the jurisdiction of the third 2/6

respondent / the Superintending Engineer, TANGEDCO, Dindigul. 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 07.08.2020 for establishment of the said Solar Power Plant. Security Deposit of Rs.50,00,000/- 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.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 3/6

next consumption bill raised by the second respondent herein. Till the adjustment is over, the petitioner should not suffer any order of disconnection.

The Writ Petition stands disposed of.No costs. Consequently, WMP No.6220 of 2023 is closed.

01.03.2023 Index: Yes/no mrn To 1.The Chairman 4/6

TANGEDCO.

144 Anna Salai, Chennai 600 002.

2.The Chief Engineer Non Conventional Energy Sources TANGEDCO 144 Anna Salai, Chennai 600 002.

C.V.KARTHIKEYAN, J.

(mrn) 01.03.2023 6/6