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Madras High CourtWP/28163/2023disposed of

Lucky Yarn Tex India Private Limited v. The Chairman

2023-09-27Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2023

CORAM

MR.JUSTICE N.SESHASAYEE and W.M.P.No.27687 of 2023 Lucky Yarn Tex India P Ltd., 108, Komarapalayam Main Road, Pallipalayam, Erode-638 006 Rep by its Authorized Signatory Mr.Bharathwaj Mohan ... Petitioner Vs.

1.The Chiarman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai-600002.

2.Chief Engineer, Non-Conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai-600 002 3.The Director/Generation, 144, Anna Salai, Chennai-600 002.

1/4

4.The Superintending Engineer, Namakkal Electricity Distribution Circle, Namakkal.

... 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 HTSC No.049094370506 till the entire outstanding dues of Rs.80,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.069514430058 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.

For Petitioner : Mr.S.P.Parthasarathy For Respondents : Mr.S.Kalaiselvan Standing Counsel for R1 to R4

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.80,00,000/- which the respondent is duty bound to repay. The deposit was made by 2/4

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.Kalaiselvan, the learned standing counsel takes notice for respondents 1 to 4.

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 October 2023.

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

27.09.2023 (3/6) Anu 3/4

N.SESHASAYEE, J.

Anu To.

1.The Chiarman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai-600002.

2.Chief Engineer, Non-Conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai-600 002 3.The Director/Generation, 144, Anna Salai, Chennai-600 002.

4.The Superintending Engineer, Namakkal Electricity Distribution Circle, Namakkal.

and W.M.P.No.27687 of 2023 27.09.2023 (3/6) 4/4