M/S.Vvsr Green Energy Private Limited v. Tamil Nadu Generation And Distribution Corporation Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2023
CORAM
MR.JUSTICE N.SESHASAYEE M/s.VVSR Green Energy Private Limited, Rep. by its Managing Director, C.Selvaraj ... 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 Coimbatore North Electricity Distribution Circle Coimbatore.
5.The Superintending Engineer Coimbatore South Electricity Distribution Circle Coimbatore.
... Respondents PRAYER: The writ petition filed under Article 226 of the Constitution of India, for issuance of a writ of Mandamus, forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's user until the entire outstanding dues of Rs.50,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant in HTSC No.039514300005 is paid or give adjustment in the current consumption charges payable by petitioner's user in HTSC No.039094320845 of Coimbatore South EDC till the entire amount is adjusted, based on the petitioner's representation dated 03.07.2023 sent to the 2nd respondent.
For Petitioner : Mr.S.Senthil For Respondents : Mr.L.Jai Venkatsh 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.50 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.L.Jai Venkatesh, the learned standing counsel takes notice for the respondents.
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.
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5.The writ petition is accordingly disposed of. No costs. 18.08.2023 Tsg Index : Yes / No To.
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 4/6
4.The Superintending Engineer Coimbatore North Electricity Distribution Circle Coimbatore.
5.The Superintending Engineer Coimbatore South Electricity Distribution Circle Coimbatore.
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N.SESHASAYEE, J.
Tsg 18.08.2023 6/6