← Library
Madras High CourtWP/22437/2023disposed of

Mahendra Natural Feeds And Foods, v. Tamilnadu Generation And Distribution Ltd,

2023-07-31Honourable Mr Justice N. Seshasayee6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2023

CORAM

MR.JUSTICE N.SESHASAYEE Mahendra Natural Feeds & Foods Represented by its Managing Partner Mrs.P.Thilagam ... Petitioner Vs.

1.Tamil Nadu Generation and Distribution Corporation Ltd (TANGEDCO) Represented by its Chairman & Managing Director No.144, Anna Salai Chennai 600 002 2.Chief Engineer Non-Conventional Energy Sources Tamil Nadu Generation and Distribution Corporation Limited No.144, Anna Salai Chennai 600 002 3.The Chief Financial Controller / Revenue 7th Floor, East Wing No.144, Anna Salai Chennai 600 002 1/6

4.The Superintending Engineer Namakkal Electricity Distribution Circle Namakkal 637 001 5.The Superintending Engineer Non Conventional Energy Sources Udumalpet Electricity Distribution Circle Udumalpet ... Respondents PRAYER: The writ petition filed under Article 226 of the Constitution of India, for issuance of a writ of Mandamus, forbearing the respondent and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's HTSC No.049094370379 until the entire outstanding dues of Rs.10,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.049514370005 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted, based on the petitioner's representation dated 02.02.2022 sent to the 2nd respondent.

For Petitioner : Mr.S.Senthil For Respondents : Mr.S.Kalaiselvan 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.10 lakhs 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.S.Kalaiselvan, 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 commence from September 2023.

3/6

5.The writ petition is accordingly disposed of. No costs. 31.07.2023 (1/3) kas Index : Yes / No To.

1.The Chairman & Managing Director 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 No.144, Anna Salai Chennai 600 002 3.The Chief Financial Controller / Revenue 7th Floor, East Wing No.144, Anna Salai Chennai 600 002 4.The Superintending Engineer Namakkal Electricity Distribution Circle Namakkal 637 001 4/6

5.The Superintending Engineer Non Conventional Energy Sources Udumalpet Electricity Distribution Circle Udumalpet 5/6

N.SESHASAYEE, J.

kas 31.07.2023 (1/3) 6/6