Madras High CourtWP/22736/2023disposed of

M/S. Abi Kiran Agro Farms Asia (P) Ltd, v. The Chairman

2023-08-01Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2023

CORAM

MR.JUSTICE N.SESHASAYEE M/s.Abi Kiran Agro Farms Asia (P) Ltd 224 A, Mettupalayam Road Coimbatore 641043 repd. its By its Authorized Signatory Dharshen. G ... Petitioner Vs.

1.The Chairman 2.Chief Engineer Non-Conventional Energy Sources 3.The Superintending Engineer TANGEDCO Coimbatore North Electricity Distribution Circle COIMBATORE ... Respondents PRAYER: The writ petition filed under Article 226 of the Constitution of 1/4

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 Group captive Consumer Current Consumption Bills in HTSC No.039094320411 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.464 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.

For Petitioner : Mr.S.Lakshmipathy For Respondents : Mr.L.Jaivenkatesh Standing Counsel for TNEB

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.20 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.

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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 commence from September 2023.

5.The writ petition is accordingly disposed of. No costs. 01.08.2023 (3/4) kas Index : Yes / No To.

1.The Chairman 3/4

N.SESHASAYEE, J.

kas 2.Chief Engineer Non-Conventional Energy Sources 3.The Superintending Engineer TANGEDCO Coimbatore North Electricity Distribution Circle COIMBATORE 01.08.2023 (3/4) 4/4