Kumaran Textiles v. Tamil Nadu Electricity Regulatory Commission

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2023

CORAM

MR.JUSTICE N.SESHASAYEE and W.M.P.No.20793 of 2023 Kumaran Textiles No.244/1, Mangalam Road, Ammapalayam Pirivu Palladam (T.K), Tirupur Repd. by its Authorized Signatory, S.Paramasivam ... Petitioner Vs.

1.Tamil Nadu Electricity Regulatory Commission repd. by its Secretary, 19-A, Rukminilakshmipathy Salai, (Marshall's Road) Egmore, Chennai-600 008.

2.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai-600 002.

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

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4.The Superintending Engineer, Non Conventional Energy Sources TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.

5.The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladam ... Respondents PRAYER: The writ petition filed under Article 226 of the Constitution of India, for issuance of 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.039094390485 till the entire outstanding dues of Rs.42,50,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.039514390068 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.Jaivenkatesh Standing Counsel for TNEB 2/6

ORDER

By consent, this writ petition is taken up for final disposal at the admission stage itself.

2.This petition is filed seeking refund of a security deposit of Rs.42,50,000/- which the respondent is duty bound to repay. The deposit was made by establishing solar power plant and as per the norms once the solar power plant is commissioned, the respondent is obligated to refund the security deposit.

3.Mr.L.Jaivenkatesh, the learned standing counsel takes notice for the Tamil Nadu Electricity Board.

4.This Court understands that the respondent is also raising current consumption charges against the petitioner and this court now directs that the respondent is required to adjust its current consumption charges against the refundable deposit, which it is obligated to do. This arrangement will 3/6

commence from August 2023.

5.The writ petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

19.07.2023 (1/7) Anu Index : Yes / No To.

1.The Secretary, 19-A, Rukminilakshmipathy Salai, (Marshall's Road) Egmore, Chennai-600 008.

2.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai-600 002.

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

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4.The Superintending Engineer, Non Conventional Energy Sources TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.

5.The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladam 5/6

N.SESHASAYEE, J.

Anu and W.M.P.No.20793 of 2023 19.07.2023 6/6