M/S.Sree Amman Solar Farms Private Limited v. Tamil Nadu Generation And Distribution Corporation Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.10.2024 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI M/s.Sree Amman Solar Farms Private Limited, Rep. by its Director, S.Naveen, No.32, 4th Floor, Nallam Complex, TNHB Colony, Mohanur Road, Namakkal - 637 001.
... Petitioner Vs.
1.Tamil Nadu Generation & Distribution Corporation Ltd., (TANGEDCO), Represented by its Chairman & Managing Director, No.144, Anna Salai, Chennai - 600 002.
2.The Chief Engineer, Non-Conventional Energy Sources, Tamil Nadu Green Energy 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.
Page No.1 of 6
4.The Superintending Engineer, Namakkal Electricity Distribution Circle, Namakkal District.
5.The Superintending Engineer, Vellore Electricity Distribution Circle, Vellore District.
... Respondents Prayer : 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.40,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of petitioner's Solar Power Plant HTSC No.049534370060 is paid or give adjustment in the current consumption charges payable by the petitioner's user in HTSC No.089094121299 of Vellore EDC till the entire amount is adjusted, based on the petitioner's representation dated 14.08.2024 sent to the 2nd respondent within a time frame as fixed by this court. For Petitioner : Mr.S.Senthil For Respondents : Mr.D.R.Arun Kumar Standing Counsel *****
ORDER
This Writ Petition has been filed seeking for a Writ of Mandamus, to forbear the respondents and their men, agents from Page No.2 of 6
collecting current consumption charges, demand charges and any arrears from the petitioner's user until the entire outstanding dues of Rs.40,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of petitioner's Solar Power Plant HTSC No.049534370060 is paid or give adjustment in the current consumption charges payable by the petitioner's user in HTSC No.089094121299 of Vellore EDC till the entire amount is adjusted, based on the petitioner's representation dated 14.08.2024 sent to the 2nd respondent within a time frame as fixed by this court.
2. Mr.D.R.Arun Kumar, learned Standing Counsel, accepts notice on behalf of the respondents. In view of the consent expressed by the learned counsel appearing for the parties, this petition is taken up for final disposal.
3. The issue involved in this writ petition is no longer res integra. This Court had considered similar matters and had directed the respondents to adjust the refundable security deposit. There is no dispute regarding the fact that all the petitioner had commissioned the power plant within the specified time and that they are entitled for refund. Page No.3 of 6
4. In view of the same, there will be a direction to the respondents to adjust the security deposit in the current consumption charges payable by the petitioner. Such adjustment shall start from the next bill. Till such adjustment is over, the respondents shall not disconnect the electricity connection and the needful as indicated above shall be undertaken by the respondents and the communication to be made to the petitioner, within a period of two weeks from the date of receipt of a copy of this order.
5. With the above directions, this writ petition is disposed of. No costs.
15.10.2024 Index : Yes / No Speaking order / Non-speaking order sp Page No.4 of 6
To 1.The Chairman & Managing Director, Tamil Nadu Generation & Distribution Corporation Ltd., (TANGEDCO), No.144, Anna Salai, Chennai - 600 002.
2.The Chief Engineer, Non-Conventional Energy Sources, Tamil Nadu Green Energy 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.The Superintending Engineer, Namakkal Electricity Distribution Circle, Namakkal District.
5.The Superintending Engineer, Vellore Electricity Distribution Circle, Vellore District.
Page No.5 of 6
M.DHANDAPANI, J.
sp 15.10.2024 Page No.6 of 6