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Madras High CourtWP/6614/2023disposed of

M/S.Ahill Apparel Exports (P)Ltd v. Tamil Nadu Electricity Regulatory

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2023

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.6614 of 2023 and W.M.P.No.6681 of 2023 M/s.Ahill Apparel Exports (P) Ltd No.24, Anna Nagar, Tirupur-641 601 Repd by its Manager Mr.Thomas .. Petitioner Vs.

1. Tamil Nadu Electricity Regulatory Commission repd.by its secretary, 10-A, Rukmini Lakshmipathy Salai, (Marshall's Road) Egmore, Chennai-600 008.

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

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

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

5. The Superintending Engineer TANGEDCO, Tirupur Electricity Distribution Circle, Tirupur .. 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 HTSC No.039094380468 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.059434500021 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 R5 .. 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. 039094380468 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. 059434500021 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. 059434500021. It is under the jurisdiction of the third respondent / the Chief Engineer, Non-Conventional Energy Sources, TANGEDCO, Chennai. 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 01.07.2016 for establishment of the said Solar Power Plant. Security Deposit of Rs.5,00,000/- was paid on 02.08.2016 and

another sum of Rs.5,00,000/- was paid on 27.08.2016. 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. 03.03.2023 (7/7) Index:Yes/No ata To

1. The Secretary, Tamil Nadu Electricity Regulatory Commission 10-A, Rukmini Lakshmipathy Salai, (Marshall's Road) Egmore, Chennai-600 008.

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

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

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

5. The Superintending Engineer TANGEDCO, Tirupur Electricity Distribution Circle, Tirupur

C.V.KARTHIKEYAN,J.

ata W.P.No.6614 of 2023 03.03.2023 (7/7)