Prabhu Textiles v. Tamil Nadu Electricity Regulatory
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.03.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.Nos.9594 and 9602 of 2023 and W.M.P.Nos.9645 and 9651 of 2023
1. Prabhu Textiles ... Petitioner in W.P.No.9594 of 2023
2. Sri Selvam Textiles ... Petitioner in W.P.No.9602 of 2023 Vs.
1. Tamil Nadu Electricity Regulatory, Commissioner repd. By its Secretary, 19-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, Coimbatore Metro Electricity Distribution Circle, Coimbatore.
... Respondents in both W.Ps 1/6
Prayer in W.P.No.9594 of 2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the Respondent and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's HTSC No.039094350267 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.079514620055 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. Prayer in W.P.No.
9602 of 2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the Respondent and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's HTSC No.039094350240 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.079514620053 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. In Both W.P.
Mr.R.S.Pandiyaraj For Respondents :
Mr.L.Jai Venkatesh **** 2/6
ORDER
Since the issue involved in the present writ petitions are one and the same they are disposed of by way of this common order.
2. Considering the limited prayer sought for in these Writ Petitions, these Writ Petitions are taken up for disposal at the admission stage with the consent of the learned counsel appearing on either side.
3. The issue is no longer res integra. This Court had considered similar matters and had directed the respondents to adjust the refundable security deposit at Rs.10,00,000/-. There is no dispute regarding the fact that all the petitioners have commissioned the power plant within the specified time and that they are entitled to refund.
4. In view of the same, there will be a direction to the respondents to adjust the security deposit in the current consumption charges payable by the petitioners. Such adjustment shall start from the next bill. Till such adjustment is over, they shall not disconnect and the needful as indicated above shall be undertaken by the respondents and the communication to be 3/6
made to the petitioners within a period of two weeks from the date of receipt of a copy of this order.
5. With these directions, these writ petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 29.03.2023 Index : Yes / No Speaking order / Non speaking order Netrual Citation Case : Yes / No (rap) 4/6
To
1. Tamil Nadu Electricity Regulatory, Commissioner repd. By its Secretary, 19-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, Coimbatore Metro Electricity Distribution Circle, Coimbatore.
5/6
M.DHANDAPANI, J.
rap 29.03.2023 6/6