Madras High CourtWP/22079/2025disposed of

M/S.Rc Wind Powers Llp v. Tamilnadu Power Distribution Corporation Ltd

2025-06-20Honourable Mr Justice N. Anand Venkatesh6 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH M/s.RC Wind Powers LLP Classic Building, No.31, Puliyamara Thottam, 53/31,Karuvampalayam Extension, Tiruppur-641 604, Repd By Its Designated Partner, R.Gopalakrishnan Petitioner(s) Vs

1. Tamilnadu Power Distribution Corporation Ltd (TNPDCL) Rep By Its Chairman 144, Anna Salai, Chennai- 600 002 2.The Chief Engineer/NCES (TNGECL) 2nd Floor, 144, Anna Salai, Chennai-600 002 3.The Director Generation (TNGECL) 144, Anna Salai, Chennai-600 002 Respondent(s)

2/6 PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the Respondent, to refund the Rs.1,00,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.059514500210 For Petitioner(s):

Mr.R.S.Pandiyaraj For Respondent(s):

Mr.D.R.Arun Kumar Standing Counsel

ORDER

This writ petition has been filed for issue of writ of mandamus directing the respondents to refund a sum of Rs.1 Crore payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.059514500210.

2.Heard Mr.R.S.Pandiyaraj, learned counsel appearing on behalf of the petitioner and Mr.D.R.Arun Kumar, learned Standing Counsel appearing on behalf of the respondents 1 to 3.

3/6 3.The petitioner made an application to the respondents for establishment of 10 MW Solar Power Plant and preferential tariff scheme for captive consumption and the petitioner also paid a sum of Rs.1 Crore towards refundable security deposit. The petitioner has satisfactorily commissioned the Solar Power Plant on 31.01.2024 and it has also been certified by the respondents vide letter dated 09.01.2025. After commissioning the Solar Power Plant, the petitioner was claiming for the refund of the refundable security deposit of Rs.1 Crore. Since there was no response, the present writ petition has been filed before this Court.

4.In the considered view of this Court, the petitioner after having satisfactorily commissioned the Solar Power Plant which was also certified by the respondents, should be refunded the security deposit and the same has not been done for the last six months. Hence, there shall be a direction to the 2nd respondent to refund the security deposit to the petitioner, within a period of six weeks from the date of receipt of copy of this order. It is made clear that if the amount is not refunded within a period of six weeks, the same shall be liable to

4/6 be refunded with interest at the rate of 6% per annum from the date it became payable till the date of actual payment.

5.This writ petition is disposed of with the above directions. No Costs. 20-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

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6/6 N.ANAND VENKATESH J.

ssr 20-06-2025