Varunaram Enterprisers, v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.11824,11828, 11834 & 11839 of 2023 and WMP. Nos.11729, 11735, 11739 &11741 of 2023 W.P.No.11824 of 2023:

Varunaram Enterprises No. 2 Ramanuja Nagar, Uppillipalayam Post, Coimbatore repd. by its Partner G.Ramachandran

3. The Superintending Engineer Udumalpet Electricity Distribution Circle, Udumalpet.

Prayer : 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 petitioners HTSC No. 039094340318 till the entire outstanding dues of Rs.16, 00, 000 /- payable to the Petitioner along with interest towards refundable security deposit in the account of the petitioners solar power plant HTSC No. 039514320005 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.

W.P.No.11828 of 2023:

Shri Dhanalakshmi Spintex Pvt. Ltd., HTSC 03094320265, S.F. No. 226/3, NH 47, Avinashi Road, Karumathampatti - 641 659, Coimbatore District, Repd. its Authorised ignatory T.K.Murugan 144 Anna Salai, Chennai 600 002.

Tamil Nadu Generation and Distribution Corporation

3. The Superintending Engineer, TANGEDCO, Sivaganaga Electricity Distribution Circle, Sivaganga.

4. The Superintending Engineer, Coimbatore Electricity Distribution Circle South, Coimbatore.

Prayer: 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 petitioners HTSC No. 039094320265 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 petitioners solar power plant HTSC No. 059514600173 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.

W.P.No.11834 of 2023:

Somanur Kalpana Cotton (India) Pvt. Ltd., SF.No.22/4-A, Kollupalayam Road, Kaniyur (Po) Unjappalayam, Coimbatore, Rep. By its Director, N.Govindaraj

1. The Secretary, Tamil Nadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai, Marshall's Road, Egmore, Chennai-8.

3. The Chief Engineer,

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

Prayer: 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 petitioners HTSC No. 039094320657 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 petitioners solar power plant HTSC No. 069494430033 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.

W.P.No.11839 of 2023:

Sri Dhandayuthapani Spinners Pvt. Ltd., HTSC.No.049094230189, SF.No.493/2, Punjaikalmangalam Village, Sembagounden Valasu, Ganapathipalayam, Post Erode, Rep. By its Authorised Signatory T.K.Murugan.

3. The Superintending Engineer Sivaganga Electricity Distribution Circle, Sivaganga.

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

Prayer in W.P.No.11839 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 petitioners HTSC No. 049094260189 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 petitioners solar power plant HTSC No. 059514600175 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 COMMON ORDER Since the issue involved in ALL the 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 itself 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.

5. With these directions, these writ petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 18.04.2023 rli To Tamil Nadu Generation and Distribution Corporation Limited,

M.DHANDAPANI,J.

rli

3. The Superintending Engineer Udumalpet Electricity Distribution Circle, Udumalpet.

4. The Superintending Engineer, TANGEDCO, Sivaganaga Electricity Distribution Circle, Sivaganga.

5. The Superintending Engineer, Coimbatore Electricity Distribution Circle South, Coimbatore.

6. 4. The Superintending Engineer, Coimbatore Electricity Distribution Circle, Coimbatore.

7.The Superintending Engineer, TANGEDCO. Erode Electricity Distribution Circle, Erode.

W.P.Nos.11824,11828, 11834 & 11839 of 2023 18.04.2023