M/S. Sree Anandhakumar Mills P Ltd., v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.04.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.Nos.10693, 10705, 10709, 10715 & 10719 of 2023 and W.M.P.Nos.10638, 10655, 10661, 10664 & 10665 of 2023 W.P.No.10693 of 2023 M/s.SreeAnandhakumar Mills P Ltd., HTSC No.039094300346, 307, Sathy Road, Saravanampatti, Coimbatore -641 035 Rep by its Joint Managing Director R.Venkataram ... 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 1/12
4. The Superintending Engineer, Coimbatore/North Electricity Distribution Circle, Coimbatore.
..... Respondents Prayer in W.P.No.10693 of 2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of 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.039094300346 till the entire outstanding dues of Rs.75,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.069514420026 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
W.P.No.10705 of 2023 R.G.Spinning Mills Pvt Limited., S.F.No.346, 348 Amman Kovil Bus Stop, Nathamedu Road-637 303 Sanyasipati Post Sankari West-637 303 Namakkal repd its Managing Director P.Vasanth ... Petitioner Vs.
1. The Secretary, Tamil Nadu Electricity regulatory Commission, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road) Egmore, Chennai-600 008 2/12
2. The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd, Corporation Limited,144, Anna Salai, Chenna-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, Mettur Electricity Distribution Circle, Mettur Dam.
..... Respondents Prayer in W.P.No.10705 of 2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of 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.049094220246 till the entire outstanding dues of Rs.20,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.049514360020 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
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W.P.No.10709 of 2023 M/s.Sri MathaSpinning Mills P.Lt., Unit II HTSC No.059094500224 S.F.No.2638, Kiriampatti, Agaram Village, Thadicombu, Dindigul-624 709 repd by its Authorized signatory P.Jaisankar ... Petitioner Vs.
1. The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd, 144, Anna Salai, Chenna-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, Dindigul Electricity Distribution Circle, Dindigul .... Respondents Prayer in W.P.No.10709 of 2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of 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.059094500224 till the entire outstanding dues of Rs.30,00,000/- payable to the petitioner along with 4/12
interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.059514500086 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
W.P.No.10715 of 2023 M/s.Sreedhara Textiles P Ltd., HTSC No.039094380500 No.707, Suguna Building, 3rd Floor, Avinashi Road, Coimbatore-641018 repd by its Authorized Signatory G.Sivakumar ... Petitioner Vs.
1. The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd, 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, Karur Electricity Distribution Circle, Karur
4. The Superintending Engineer, Tirupur Electricity Distribution Circle, Tirupur ...Respondents 5/12
Prayer in W.P.No.10715 of 2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of 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.039094380500 till the entire outstanding dues of Rs.13,75,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.069494430042 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
W.P.No.10719 of 2023 M/s.Sri Sankari Yarns P Ltd., HTSC No.059094500298 Kottaiyur, Agaram Village, Thadicmobu, Dindigul-624 709 repd by its Authorized Signatory P.Jaisankar ... Petitioner in W.P.No.10719 of 2023 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.
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3. The Superintending Engineer, Dindigul Electricity Distribution Circle, Dindigul ... Respondents.
Prayer in W.P.No.10719 of 2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of 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.059094500298 till the entire outstanding dues of Rs.20,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.059514500088 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
In all W.P.s For Petitioners :
Mr.R.S.Pandiyaraj For Respondents :
Mr.L.Jai Venkatesh, Standing Counsel ****
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. 7/12
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 made to the petitioners within a period of two weeks from the date of receipt of a copy of this order.
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5. With these directions, these writ petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 06.04.2023 Index : Yes / No Speaking order / Non speaking order Netrual Citation Case : Yes / No NHS 9/12
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, Coimbatore/North Electricity Distribution Circle, Coimbatore.
5. The Secretary, Tamil Nadu Electricity regulatory Commission, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road) Egmore, Chennai-600 0084.
6. The Superintending Engineer, Mettur Electricity Distribution Circle, Mettur Dam.
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7. The Superintending Engineer, Dindigul Electricity Distribution Circle, Dindigul
8. The Superintending Engineer, Karur Electricity Distribution Circle, Karur
9. The Superintending Engineer, Tirupur Electricity Distribution Circle, Tirupur 11/12
M.DHANDAPANI, J.
NHS 06.04.2023 12/12