Speedlines Spinners India P Ltd v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2023
CORAM
THE HONOURABLE MR. JUSTICE M. DHANDAPANI and WMP.Nos.12530, 12533, 12534, 12538 & 12539 of 2023 W.P.No.12727 of 2023:
Speedlines Spinners India P Ltd., HT SC No.239, 2/12, C.M.Thottam, Pallapalayam (Irugur Via), Coimbatore - 641 103.
Rep. by its Managing Director R.Thangaraj.
...Petitioner
-Vs1.
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.
Non-Conventional Energy Sources, Udumalpet Electricity Distribution Circle, Udumalpet.
4.
1/10
Coimbatore/Metro Electricity Distribution Circle, Coimbatore.
...Respondents
W.P.No.12733 of 2023:
M/s. V.P.S. Textiles Private Limited, 4/1, Annapoorani Nagar, Palaniandavar Mill Backside, Udumalpet, Tiruppur District - 642 126.
Rep. by its Authorized Signatory Sriram R.G.
...Petitioner
-Vs1.
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.
Pudukottai Electricity Distribution Circle, Pudukottai.
4.
Dindigul Electricity Distribution Circle, Dindigul.
...Respondents
W.P.No.12736 of 2023:
Sri Selvanayaki Amman Textiles, HTSC No.039094300417, SF No.549, Karegoundanpalayam Village, Kembanaikenpalayam, Pogalur Via, Coimbatore - 641 697.
2/10
Repd. its Partner R.Jagadish.
...Petitioner
-Vs1.
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.
Trichy/Metro Electricity Distribution Circle, Trichy.
4.
Coimbatore/North Electricity Distribution Circle, Coimbatore.
...Respondents
W.P.No.12742 of 2023:
Shri Vasanthraj Textiles Private Limited, 4/1, Annapoorani Nagar, Palaniandavar Mill Backside, Udumalpet, Tiruppur District - 642 126.
Rep. by its Authorized Signatory Sriram R.G.
...Petitioner
-Vs1.
The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
2.
Chief Engineer, Non-Conventional Energy Sources, 3/10
Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
3.
Pudukottai Electricity Distribution Circle, Pudukottai.
4.
Dindigul Electricity Distribution Circle, Dindigul.
...Respondents
W.P.No.12743 of 2023:
Sri Selvam Textiles, No.8/1, Ramar Kovil Street, R.G.Pudur, Chinniampalayam, Coimbatore - 641 062. Rep. by its Proprietor N.Selvam.
...Petitioner
-Vs1.
Tamil Nadu Electricity Regulatory Commission, Rep. 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.
4/10
Coimbatore Metro Electricity Distribution Circle, Coimbatore.
...Respondents
Prayer in W.P.No.12727 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.039094350239 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.049514370011 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.
12733 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.059094500243 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.06940446008 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.
12736 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.039094300417 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.069514420038 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.
charges, demand charges and any arrears from the petitioner's HTSC No.059094500063 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.06940446010 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.12743 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.079534620084 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. In all W.Ps.:
For Petitioners :
Mr.R.S.Pandiyaraj For Respondents :
Mr.L.Jaivenkatesh COMMON ORDER Since the issue involved in all these 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. 6/10
3. The issue involved in these Writ petitions 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 the petitioners have commissioned the power plant within the specified time and that they are entitled to refund.
4. In view of the same, the respondents are directed 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. 7/10
25.04.2023 skt Index : Yes / No Speaking order : Yes / No Netrual Citation Case : Yes / No 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.
Non-Conventional Energy Sources, Udumalpet Electricity Distribution Circle, Udumalpet.
4.
Coimbatore/Metro Electricity Distribution Circle, Coimbatore.
5.
Pudukottai Electricity Distribution Circle, Pudukottai.
6.
Dindigul Electricity Distribution Circle, Dindigul.
8/10
7.
Trichy/Metro Electricity Distribution Circle, Trichy.
8.
Coimbatore/North Electricity Distribution Circle, Coimbatore.
9.
Tamil Nadu Electricity Regulatory Commission, Rep. by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai - 600 008.
10. The Superintending Engineer, Coimbatore Metro Electricity Distribution Circle, Coimbatore.
M.DHANDAPANI., J.
skt 9/10
and WMP.Nos.12530, 12533, 12534, 12538 & 12539 of 2023 25.04.2023 10/10