M/S.Kandan Energy P. Ltd., v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.09.2023
CORAM
MR.JUSTICE N.SESHASAYEE and W.M.P.No.25429 of 2023 M/s.Kandan Energy P.Ltd., No.2/365 (9), East Vasantham Nagar, Reddipalayam, Karur-639 002.
Repd. by its Managing Director K.Ashok Kumar ... Petitioner Vs.
1.The Chairman, TamilNadu 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, Non Conventional Sources, Udumalpet.
... Respondents 1/4
PRAYER: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents, to refund Rs.20,00,000/- payable to the petitioner towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.049514370020. For Petitioner : Mr.S.P.Parthasarathy For Respondents : Mr.D.R.Arunkumar Standing Counsel for TANGEDCO for R1 to R3
ORDER
The petitioner herein is a generator of solar energy, and he has made some security deposit at the time he commenced the project, which is liable to be refunded once the solar energy plant gets commissioned.
2. Learned counsel for the petitioner submitted that the petitioner has commissioned the solar energy plant within the time stipulated, and hence he is entitled to the return of the security deposit.
3. Mr.D.R.Arunkumar, the learned Standing Counsel for TANGEDCO, takes notice for respondents 1 to 3, and submitted that, as per the norms, the solar 2/4
energy generation should have been commissioned within a period of one year, and there are instances where this time period may also be extended. Therefore, the return of the security deposit essentially depends on whether the petitioner is eligible for a refund.
4. In view of the above, the respondents are now required to consider the petitioner's representation for refund. In the eventuality of the respondents not agreeing with the petitioner's request for a refund, the respondents are required to give a personal audience to the petitioner or his representative and then pass appropriate orders. The whole exercise is directed to be concluded within a period of six (6) weeks from the date of receipt of an online copy or the date on which the order is hosted in the official website, whichever is earlier.
5. This Writ Petition stands disposed of accordingly. No Costs. Consequently, the connected miscellaneous petition is closed.
05.09.2023 Tsg Index : Yes / No 3/4
N.SESHASAYEE, J.
Tsg To 1.The Chairman, TamilNadu 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, Non Conventional Sources, Udumalpet.
and W.M.P.No.25429 of 2023 05.09.2023 4/4