Aalayam Power System Pvt Ltd v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.08.2023
CORAM
MR.JUSTICE N.SESHASAYEE Aalayam Power System Pvt. Ltd., No.4/428, Paruthipalli Main Road, Suriyagoundampalayam, Mallasamudram Tiruchengode Taluk, Namakkal, Rep. by its Authorized Signatory Dharshen.G ... 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 TANGEDCO, Mettur Electricity Distribution Circle Mettur Dam.
... Respondents 1/4
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 Group captive Consumer M/s.Giri Exports Current Consumption Bills in HTSC No.049094220400 till 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.06953446018 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.I.Syed Sibghatulla 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 a 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 2/4
plant is commissioned, the respondent is obligated to refund the security deposit.
3.Mr.I.Syed Sibghatulla, 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 August 2023.
5.The writ petition is accordingly disposed of. No costs. 04.08.2023 (3/4) Anu Index : Yes / No 3/4
N.SESHASAYEE, J.
Anu To.
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 TANGEDCO, Mettur Electricity Distribution Circle Mettur Dam.
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