Madras High CourtWP/18717/2023disposed of

Sri Visaka Textiles P Ltd v. The Chairman

2023-06-23Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.17961, 17966, 17975, 17971, 17976 & 17977 of 2023 W.P.No.18717 of 2023 :

Sri Visaka Textiles P Ltd., No.8, Sundaram Apartment, 83, Race Course Road, Coimbatore - 641 018, Repd. by its Manager K.Nagarajan ... Petitioner Vs.

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. The Executive Engineer, TANGEDCO, Wind Farm Project, Page No.1 of 4

Udumalpet Electricity Distribution Circle, Udumalpet.

4.The Superintending Engineer, TANGEDCO, Coimbatore South Electricity Distribution Circle, Coimbatore.

... Respondents Prayer in W.P.No.18717 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 petitioner's HTSC No.039094320299 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.059514500153 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. For Petitioner (in all WPs) : Mr.R.S.Pandiyaraj For Respondents (in all WPs) : Mr.L.Jai Venkatesh Standing Counsel ***** COMMON ORDER Since the issue involved in these writ petitions is one and the same, with the consent of the learned counsel appearing for both sides, these writ petitions were heard together and disposed of by this common order. Page No.2 of 4

2. Mr.L.Jai Venkatesh, learned Standing Counsel takes notice on behalf of the respondents in all the writ petitions.

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. 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 for refund.

4. In view of the same, there will be a direction to the respective respondents to adjust the respective security deposit in the current consumption charges payable by the respective petitioners. Such adjustment shall start from the next bill. Till such adjustment is over, the respondents shall not disconnect the electricity connection 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. Page No.3 of 4

M.DHANDAPANI,J.

5. With these directions, these writ petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 23.06.2023 Index : Yes / No Speaking Order : Yes / No sp and W.M.P.Nos.17961, 17966, 17975, 17971, 17976 & 17977 of 2023 Page No.4 of 4