Madras High CourtWP/23335/2023disposed of

M/S.Acsen Tex P Limited v. The Chairman

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2023

CORAM

MR.JUSTICE N.SESHASAYEE and W.M.P.No.22874 of 2023 M/s.Acsen Tex P Ltd.

No.47 Co-operative colony, Upplipalayam Coimbatore 641015 Repd. by its Authorized Signatory Rajeesh K.

... Petitioner 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 Salem Electricity Distribution Circle SALEM 1/4

4.The Superintending Engineer Perambalur Electricity Distribution Circle PERAMBALUR ... 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 ad any arrears from the petitioner's HTSC No.049094240192 till the entire outstanding dues of Rs.30,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.069514400006 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.D.Suresh Kumar 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.30 lakhs which the respondent is duty bound to repay. The deposit was made by 2/4

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.D.Suresh Kumar, 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. Consequently, the connected miscellaneous petition is closed.

08.08.2023 (3/3) kas 3/4

N.SESHASAYEE, J.

kas To.