M/S.K.S.R.Green Power Pvt Ltd v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY M/s.K.S.R.Green Power Pvt Ltd 67/1, 68/1, Sakthi Garden Valliyangadu, Solipalayam Tirupur 641 652 Repd.by its Authorized Signatory I.Karthikeyan ... Petitioner Vs.

1.The Chairman Tamil Nadu Power Distribution Corporation Limited, 144 Anna Salai Chennai 600 002.

2.Chief Engineer Non-Conventional Energy Sources Tamil Nadu Power Distribution Corporation Limited, 144 Anna Salai Chennai 600 002.

3.Director Generation 144, Anna Salai Chennai 600 002.

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4.The Superintending Engineer Coimbatore North 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 Group captive Consumer M/s.Sakthi Auto Ancillary Pvt Ltd HTSC.No.039094300228 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.069534440007 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.

For Petitioner : Mr.S.Lakshmipathy For Respondents : Mr.S.Mdhusudhanan (TANDEDCO) 2/6

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:- (i) The respondents are directed to refund the sum of Rs.10,00,000/- that was deposited by the petitioner as security deposit.

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(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.069534440007 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.

(iv) No costs.

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To 1.The Chairman Tamil Nadu Power Distribution Corporation Limited, 144 Anna Salai Chennai 600 002.

2.The Chief Engineer Non-Conventional Energy Sources Tamil Nadu Power Distribution Corporation Limited, 144 Anna Salai Chennai 600 002.

3.The Director Generation 144, Anna Salai Chennai 600 002.

4.The Superintending Engineer Coimbatore North Electricity Distribution Circle Coimbatore.

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D.BHARATHA CHAKRAVARTHY , J.

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