M/S.Jayanthi Textile Products Unit I v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2024 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.Nos.26409, 26417 & 26420 of 2024 in WMP.Nos.28864, 28872 and 28874 of 2024 M/s.Jayanthi Textile Products Unit-I, S.F.No.251/1, Rasipalayam Road, Thennampalayam, Arasur Post, Coimbatore, Rep. By its Manager.
... Petitioner in W.P.No.20409 of M/s.CMB Spinning Mills, S.F.No.226/3, Valayapalayam, 63, Velampalayam Post, Mangalaam Via, Poomalur Vilalge, Palladam, Tiruppur, By its Authorised Signatory R.Deva.
... Petitioner in W.P.No.22417 of 2024 M/s.Madurai Meenakshi Textile Private Ltd., S.F.No.298, Alagarkoil Main Road, Karpaga Nagar, K.Pudur, Madurai-625007, Authorized Signatory R.Deva.
...Petitioner in W.P.no.26420 of 2024
Vs.
1. The Chairman Tamil Nadu Electricity Board, Anna Salai, Chennai-2.
2. The Chief Engineer, 1/6
Non-conventional Energy Sources, TANGEDCO, 144, Anna Salai, Chennai-2.
3. The Director Generation, Anna Salai, Chennai.
....Respondents 1 to 3 in all the writ petitions
4. The Superintending Engineer, Coimbatore South Electricity Distribution Circle, Coimbatore.
... 4th Respondent in W.P.no.26409 of 2024
4. The Superintending Engineer, Palladam Electricity Distribution Circle, Palladam.
... 4th Respondent in W.P.no.26417 of 2024
4. The Superintending Engineer, Dindugul Electricity Distribution Circle, Dindugul.
... 4th Respondent in W.P.no.26420 of 2024 Prayer in W.P.No.26409 of 2024: 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 petitioners HTSC. No.039094320236 till the entire outstanding dues of Rs.20,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioners solar power plant HTSC. No.069534420083 to the petitioner till the entire amount is adjusted. 2/6
Prayer in W.P.No.26417 of 2024: 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 petitioners HTSC. No.039094390320 till the entire outstanding dues of Rs.20,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioners solar power plant HTSC. No.0595145200016 to the petitioner till the entire amount is adjusted. Prayer in W.P.No.
26420 of 2024: 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 petitioners HTSC. No.059094500131 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 petitioners solar power plant HTSC. No.059514520035 to the petitioner till the entire amount is adjusted. In all the W.P.
Mr.R.S.Paniyaraj For Respondents :
Mr.D.R.Arunkumar COMMON ORDER Since the issue involved in the present writ petitions are one and the same they are disposed of by way of this common order. 3/6
2. Considering the limited prayer sought for in these Writ Petitions, these Writ Petitions are taken up for disposal at the admission stage with the consent of the learned counsel appearing on either side.
3. The issue is no longer res integra. This Court had considered similar matters and had directed the respondents to adjust the refundable security deposit at Rs.10,00,000/-. There is no dispute regarding the fact that all the petitioners have commissioned the power plant within the specified time and that they are entitled to refund.
4. In view of the same, there will be a direction to the respondents to adjust the security deposit of Rs.10,00,000/-, Rs.20,00,000/- and Rs.20,00,000/- respectively in the current consumption charges payable by the petitioners. Such adjustment shall start from the next bill. Till such adjustment is over, they shall not disconnect and the needful as indicated above shall be undertaken by the respondents and the communication to be made to the petitioners within a period of two weeks from the date of receipt of a copy of this order.
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5. With these directions, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 06.06.2024 rli Index : Yes / No Speaking order / Non speaking order Netrual Citation Case : Yes / No To
1. The Chairman Tamil Nadu Electricity Board, Anna Salai, Chennai-2.
2. The Chief Engineer, Non-conventional Energy Sources, TANGEDCO, 144, Anna Salai, Chennai-2.
3. The Director Generation, Anna Salai, Chennai.
4. The Superintending Engineer, Coimbatore South Electricity Distribution Circle, Coimbatore.
5. The Superintending Engineer, Palladam Electricity Distribution Circle, Palladam.
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M.DHANDAPANI, J.
rli
6. The Superintending Engineer, Dindugul Electricity Distribution Circle, Dindugul.
W.P.Nos.26409, 26417 & 26420 of 2024 06.09.2024 6/6