Anangoor Textile Mills (P) Ltd., Unit Ii, v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.04.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.Nos.11867, 11875, 11877 and 11878 of 2023
1. Anangoor Textile Mills (P) Ltd, Unit II, Represented by its Authorised Signatory, Mr.R.Ganeshmoorthy HTSC No.039094390443 S.F No.579, Veeranampalayam Village, Pagavathipalayam Nall Road, Kangeyam to Karur, NH Main Road, Tiruppur.
... Petitioner in W.P.No.12020 of 2023
2. Sree Sakthi Renewable Powers Pvt. Ltd., Represented by its Partner C.Rajiv Kumar No.9-B, MGR Nagar, PN Road, Tiruppur - 641 602. ... Petitioner in W.P.No.12023 of 2023
3. M/s. Sri Vasudeva Textile Pvt. Ltd., Rep by its Authorized Signatory, T.K.Murugan.
No.412, K1, Thelungupalayam Road, Pillayappampalayam (Post), Annur (Via), Coimbatore - 641 653.
... Petitioner in W.P.No.12026 of 2023 1/9
4. M/s.Sri Matha Spinning Mills P Ltd, Rep by its Authorized Signatory, P.Jaisankar HTSC No.059094500216 Lakshmananpatti, Kalanampatti Post, Dindigul - 624 710.
... Petitioner in W.P.No.12029 of 2023 Vs.
1. The Chairman, Tamil Nadu Generation and Distribution, Corporation Limited, 144, Anna Salai, Chennai - 600 002.
2. The Chief Engineer, Non-Conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation Limited 144, Anna Salai, Chennai - 600 002.
... Respondents in all W.Ps.
3. The Superintending Engineer, Non-Conventional Energy Sources, Udumalpet Electricity Distribution Circle, Udumalpet.
4. The Superintending Engineer, TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.
... 3rd and 4th Respondents in W.P.No.12020 of 2023
5. The Superintending Engineer, TANGEDCO, Tuticorin Electricity Distribution Circle, Tuticorin.
2/9
6. The Superintending Engineer, TANGEDCO, Coimbatore South Electricity Distribution Circle, Coimbatore.
... 3rd and 4th Respondents in W.P.No.12023 of 2023
7. The Superintending Engineer, TANGEDCO, Sivaganga Electricity Distribution Circle, Sivaganga.
8. The Superintending Engineer, TANGEDCO, Coimbatore North Electricity Distribution Circle, Coimbatore.
... 3rd and 4th Respondents in W.P.No.12026 of 2023
9. The Superintending Engineer, TANGEDCO, Dindigul Electricity Distribution Circle, Dindigul.
... 3rd Respondent in W.P.No.12029 of 2023 PRAYER in W.P.No.12020 of 2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents and their, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's HTSC No.039094390443 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 petitioner's Solar Power Plant HTSC No.069534420044 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. 3/9
PRAYER in W.P.No.12023 of 2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of 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.39094320842 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.079514700427 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.
12026 of 2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of 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.039094300211 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 petitioner's Solar Power Plant HTSC No.059514600172 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.
12029 of 2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of 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.059094500216 till the entire outstanding dues of Rs.
account of the petitioner's Solar Power Plant HTSC No.059514500087 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. For Petitioners in all W.Ps'
:
Mr.R.S.Pandiyaraj For Respondents in all W.Ps'
:
Mr.L.Jai Venkatesh for TANGEDCO C O M M O N O R D E R Since the issue raised in all these Writ Petitions are one and the same, with the consent of the learned counsel appearing for both sides, all these Writ Petitions have been heard together and are disposed of by this common order at the admission stage itself.
2. The issue arises in these Writ Petitions is no longer res integra. This Court had considered similar matters and directed the respondents to adjust the refundable security deposit at Rs.50,00,000/-, Rs.20,00,000/-, Rs.50,00,000/- and Rs.30,00,000/- respectively. 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. 5/9
3. In view of the same, there shall 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.
4. With the above directions, these Writ Petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 19.04.2023 Index : Yes / No Speaking order : Yes / No Netrual Citation Case : Yes / No vji 6/9
To
1. The Chairman, Tamil Nadu Generation and Distribution, Corporation Limited, 144, Anna Salai, Chennai - 600 002.
2. The 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, TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.
5. The Superintending Engineer, TANGEDCO, Tuticorin Electricity Distribution Circle, Tuticorin.
6. The Superintending Engineer, TANGEDCO, Coimbatore South Electricity Distribution Circle, Coimbatore.
7. The Superintending Engineer, TANGEDCO, Sivaganga Electricity Distribution Circle, 7/9
Sivaganga.
8. The Superintending Engineer, TANGEDCO, Coimbatore North Electricity Distribution Circle, Coimbatore.
9. The Superintending Engineer, TANGEDCO, Dindigul Electricity Distribution Circle, Dindigul.
8/9
M.DHANDAPANI, J.
vji and W.M.P.Nos.11867, 11875, 11877 and 11878 of 2023 19.04.2023 9/9