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Madras High CourtWP/24789/2025closed

M/S.Secan Natural Energy And Resources Pvt Ltd v. The Chairman

2025-07-08Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2025 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH M/s Seccan Natural Energy & Resources Pvt Ltd., No.504/2C, L&T, By-Pass Road Eachanari Post, Coimbatore 641 021 represented by its Authorized Signatory R.Balasubramaniam ..

Petitioner vs

1. The Chairman Tamil Nadu Power Distribution Corporation Limited (TNPDCL)

2. Chief Engineer Non Conventional Energy Sources Tamil Nadu Power Distribution Corporation Limited (TNPDCL)

3. Director-Generation Tamil Nadu Power Distribution Corporation Limited (TNPDCL)

..

Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to refund the Rs.50,00,000/- payable to the petitioner towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.050514500198.

For Petitioner ::

Mr.R.S.Pandiyaraj For Respondents ::

Mr.D.R.Arun Kumar Standing Counsel

ORDER

This writ petition has been filed for issuance of a mandamus to the respondents to refund the sum of Rs.50,00,000/- payable to the petitioner towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.050514500198.

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.

3. The petitioner made an application to the respondents for establishment of 5 MW Solar Power Plant under preferential tariff scheme for captive consumption and the petitioner also paid a sum of Rs.50,00,000/- towards refundable security deposit. The petitioner has satisfactorily commissioned the Solar Power Plant on 23.08.2024 and it has also been certified by the respondents vide letter dated 19.11.2024. After commissioning the Solar Power Plant, the petitioner was claiming for refund of the refundable security deposit of Rs.50,00,000/-. 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 ten months. Hence, there shall be a direction to the respondents 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 be refunded with interest at the rate of 6% per annum

from the date it became payable till the date of actual payment.

5. With the above direction, this writ petition is disposed of. No costs. Index : yes/no 08.07.2025 ss To

1. The Chairman Tamil Nadu Power Distribution Corporation Limited (TNPDCL)

2. Chief Engineer Non Conventional Energy Sources Tamil Nadu Power Distribution Corporation Limited (TNPDCL)

3. Director-Generation Tamil Nadu Power Distribution Corporation Limited (TNPDCL)

N.ANAND VENKATESH,J.

ss 08.07.2025