Madras High CourtWP/25261/2023disposed of

M/S.Chola Green Energy Private Limited v. The Chairman

2023-08-28Honourable Mr Justice N. Seshasayee6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2023

CORAM

MR.JUSTICE N.SESHASAYEE and W.M.P.No.24673 of 2023 Chola Green Energy Pvt. Ltd., No.65 B, 1st Street, Dharapuram Road, Thillai Nagar, Tiruppur - 641 604 Rep. by its Authorised Signature R.Bommanasamy ... 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 Executive Engineer Wind Farm Project (NCES) TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.

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4.The Superintending Engineer TANGEDCO Dindigul Electricity Distribution Circle Dindigul.

... 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 and any arrears from the petitioner's Group Captive Consumer M/s.Pandian Textile Pvt Ltd HTSC No.059094500178 till the entire outstanding dues of Rs.1,00,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.059514500147 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.S.Madhusudanan Standing Counsel for TNEB for R1 to R4 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.1,00,00,000/- 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.S.Madhusudanan, 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 3/6

commence from September 2023.

5.The writ petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

28.08.2023 (1/4) Anu To.

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4.The Superintending Engineer TANGEDCO Dindigul Electricity Distribution Circle Dindigul.

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N.SESHASAYEE, J.

Anu and W.M.P.No.24673 of 2023 28.08.2023 (1/4) 6/6