M/S.Arunachala Spinning Mills India Pvt Ltd v. Tamilnadu Power Distribuion Corproation Ltd (Tnpdcl)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY M/S.ARUNACHALA SPINNING MILLS INDIA PVT LTD, 32, ERUKADU 4TH STREET, KARUVAMPALAYAM, TIRUPPUR-641 604, REPD BY ITS AUTHORISED SIGNATORY K.RAMESH ... Petitioner Vs 1.
TAMILNADU POWER DISTRIBUION CORPROATION LTD (TNPDCL), 10TH FLOOR, 144, ANNA SALAI, CHENNAI-600 002, REP BY ITS MANAGING DIRECTOR 2.
TAMILNADU GREEN ENERGY CORPROATION LTD (TNGECL), 10TH FLOOR, 144, ANNA SALAI, CHENNAI-600 002, REP BY ITS MANAGING DIRECTOR 3.
THE CHIEF ENGINEER/NCES (TNGECL), 2ND FLOOR, 144, ANNA SALAI, CHENNAI-600 002.
4.
THE SUPERINTENDING ENGINEER, TNPDCL, PALLADAM ELECTRICITY DISTRIBUTION CIRCLE, PALLADAM.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, forbearing the respondents and their men, 1/5
agents from collecting current consumption charges, demand charges and any arrears from the petitioner's HTSC No.039094390205 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. 059514500132 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
For Petitioner : Mr.S.P.Parthasarathy For R1 to R4 : Mr.D.R.Arunkumar (TANGEDCO)
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.20,00,000 /-. 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.
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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.20,00,000/- that was deposited by the petitioner as security deposit. (ii) The entire security deposit of Rs.20,00,000/- be adjusted towards the current consumption charges payable in respect of the petitioner's HTSC No. 039094390205 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. No costs. 23.04.2025 2/2 nsl 3/5
To 1.
THE MANAGING DIRECTOR, TAMILNADU POWER DISTRIBUION CORPROATION LTD (TNPDCL), 10TH FLOOR, 144, ANNA SALAI, CHENNAI-600 002.
2.
THE MANAGING DIRECTOR, TAMILNADU GREEN ENERGY CORPROATION LTD (TNGECL), 10TH FLOOR, 144, ANNA SALAI, CHENNAI-600 002, 3.
THE CHIEF ENGINEER/NCES (TNGECL), 2ND FLOOR, 144, ANNA SALAI, CHENNAI-600 002.
4.
THE SUPERINTENDING ENGINEER, TNPDCL, PALLADAM ELECTRICITY DISTRIBUTION CIRCLE, PALLADAM.
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D.BHARATHA CHAKRAVARTHY, J.
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