Sre Venkatachalapathy Textiles v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.19029, 19030, 19033, 19036, 19039 and 19041 of 2023 And W.M.P.Nos.18279, 18284, 18285, 18288, 18290 and 18291 of 2023 Sre Venkatachalapathy Textiles Repd. by its Manager M.K.Gunasekaran ... Petitioner in W.P.19029/2023 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 Superintending Engineer, TANGEDCO, Virudhunagar Electricity Distribution Circle, Virudhunagar.
4.The Superintending Engineer, TANGEDCO, Coimbatore Metro Electricity Distribution Circle, Coimbatore.
... Respondent in W.P.19029/2023 1/5
Prayer in W.P.No.19029 of 2023:
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 petitioner's HTSC No.039094350343 till the entire outstanding dues of Rs.15,00,000 /- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.079514620063 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.L.Jai Venkatesh for TANGEDCO in W.P.Nos.19029, 19036, 19033, 19041, 19030 of 2023 Mr.I.Syed Sibghatulla for TANGEDCO in W.P.No.19039 of 2023 C O M M O N O R D E R Since the issue involved in the present writ petitions are one and the same they are disposed of by way of this common order. 2/5
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. 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.
3/5
5.With these directions, these writ petitions are disposed of. No costs.
Consequently, the connected miscellaneous petitions are closed.
27.06.2023 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: 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.The Superintending Engineer, TANGEDCO, Virudhunagar Electricity Distribution Circle, Virudhunagar.
4.The Superintending Engineer, TANGEDCO, Coimbatore Metro Electricity Distribution Circle, Coimbatore.
4/5
M.DHANDAPANI,J.
pri W.P.Nos.19029, 19030, 19033, 19036, 19039 and 19041 of 2023 And W.M.P.Nos.18279, 18284, 18285, 18288, 18290 and 18291 of 2023 27.06.2023 5/5