Sree Jagathguru Textiles Mills P Ltd., Unit Ii v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.12899, 12902, 12904, 12907 and 12908 of 2023 W.P.No.13143 of 2023:
Sree Jagathguru Textiles Mills P Ltd., Unit II, Reg Off:- SF No.21/201, SGV Road, Sivanathanpuram, Vellakovil-638111, Tirupur District, Represented by its Authorized Signatory K.Jeevanprasath ... Petitioner 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.
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3. The Superintending Engineer, TANGEDCO, Non conventional Energy Sources, Udumalpet Electricity Distribution Circle, Udumalpet,
4. The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladam.
... Respondents Prayer in W.P.No.13143 of 2023 : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioners HTSC No. 039094390422 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.039514390063 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. For Petitioner in all W.P.s : Mr.R.S.Pandiyaraj For Respondents in all W.P.s : Mr.I.Syed Sibghatulla Standing Counsel for TANGEDCO Page No. 2 of 5
COMMON 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.
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 respective petitioners. Such adjustment shall start from the next bill. Page No. 3 of 5
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. 26.04.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No (rap) Page No. 4 of 5
M.DHANDAPANI,J.
rap 26.04.2023 Page No. 5 of 5