M/S.Arunaa Gold Tex Corporate (P) Ltd v. Tamil Nadu Power Distribution Corporation Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY M/s.Arunaa Gold Tex Corporate (P) Ltd 2/203-D, Kamban Nagar NH-47 Kovai Main Road Karumathampatti 641 659 Coimbatore District, repd. By its Authorized Signatory Arumuga Gounder Myilasamy ... Petitioner Vs.

1.Tamil Nadu Power Distribution Corporation Ltd (TNPDCL) 10th Floor, 144, Anna Salai Chennai 600 002 Represented by its Managing Director 2.Tamil Nadu Green Energy Corporation Ltd 10th Floor, 144, Anna Salai Represented by its Managing Director 1/6

3.The Chief Engineer/NCES 2nd Floor, 144, Anna Salai 4.The Superintending Engineer TNPDCL Coimbatore South Electricity Distribution Circle Coimbatore.

....Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's HTSC No.039094320683 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.069534460037 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted and pass such further or other orders as this Court may deem fit and proper in the circumstance of the case.

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For Petitioner : Mr.S.P.Parthasarathy For Respondents : Mr.D.R.Arunkumar for R1 to R4 Standing Counsel (TANGEDCO)

ORDER

This Writ Petition is filed on the premise that when the petitioner established and commissioned the captive generated generation plant as per the Rules, the petitioner furnished the security deposit of Rs.10,00,000/-. The same is refundable once the plant is commissioned. The same is neither refunded nor adjusted with the consumption dues in respect of the high tension connection of the petitioner and hence the writ petition.

2. When the matter came up for hearing, both sides the learned counsel submitted that the amount is refundable and it is also adjustable and several orders are passed by this Court.

3. In view thereof, this Writ Petition is disposed of on the following terms:- 3/6

(i) The respondents are directed to refund the sum of Rs.10,00,000/- that was deposited by the petitioner as security deposit. (ii) The entire security deposit of Rs.10,00,000/- be adjusted towards the current consumption charges payable in respect of the petitioner's HTSC No.039094320683 in the ensuing monthly bill and the successive bills until the sum is exhausted.

(iii) The authorities shall act upon receipt of a web copy of this order without waiting for the certified copy of the order. No costs. 24.03.2025 dna 4/6

To 1.Tamil Nadu Power Distribution Corporation Ltd (TNPDCL) 10th Floor, 144, Anna Salai Represented by its Managing Director 2.Tamil Nadu Green Energy Corporation Ltd 10th Floor, 144, Anna Salai Represented by its Managing Director 3.The Chief Engineer/NCES 2nd Floor, 144, Anna Salai 4.The Superintending Engineer TNPDCL Coimbatore South Electricity Distribution Circle Coimbatore.

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D.BHARATHA CHAKRAVARTHY , J.

dna 24.03.2025 6/6