Siva Subramania Texties v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.10.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.32107, 32109, 32113 & 32114 of 2024 Siva Subramania Textiles, 2/1, Avinashi Road, Chinnaiamalayam, Coimbatore - 641 062, Repd. by its Authorised Signatory, N.Vasanth
...Petitioner in W.P.No.29459 of 2024
Sri Krishna Textiles., K.Vadamadurai Post, Coimbatore - 641 017, Repd. by its Authorised Signatory, N.Vasanth
...Petitioner in W.P.No.29461 of 2024
M/s.Southern Cotspinners Coimbatore P.Ltd., 27/9-A, Thirunagar, Singanallur, Coimbatore - 641 005, Repd. by its Authorised Signatory, N.Vasanth
...Petitioner in W.P.No.29464 of 2024
C.N.V.Textiles (P) LTD., 2/1, Avinashi Road, Chinnaimalayam, Coimbatore - 641 062, Repd., by its Authorised Signatory, N.Vasanth
...Petitioner in W.P.No.29467 of 2024
Vs.
Page No.1 of 6
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.
Director Generation, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
...Respondents 1 to 3 in all W.P.s
4.
The Superintending Engineer, TANGEDCO, Coimbatore North Electricity Distribution Circle, Coimbatore.
...4th Respondent in W.P.No.29461 of 2024 5.
The Superintending Engineer, TANGEDCO, Coimbatore Metro Electricity Distribution Circle, Coimbatore. ...4th Respondent in W.P.Nos.29459, 29464 and 29467 of 2024 Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to forbear the respondent and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's HTSC No.039094350345, 039094300078, 039094350283 & 039094350137 till the entire outstanding dues of Rs.20,00,000/-, Rs.10,00,000/-, Rs.20,00,000/- & Rs.15,00,000/- Page No.2 of 6
payable to the petitioner along with interest towards refundable securtiy deposit in the account of the petitioner's Solar Power Plant HTSC Nos.069534460074, 069534460073, 099514100008 & 069534460077 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. For Petitioners : Mr.R.S.Pandiyaraj (in all W.P's.) For Respondents : Mr.D.R.Arun Kumar (in all W.P's.) COMMON ORDER Since the issue involved in all these Writ petitions are similar in nature, they are disposed of by way of this common order.
2. The issue 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 the petitioners have commissioned the power plant within the specified time and that the petitioners are entitled to refund.
3. In view of the same, there will be a direction to the respondents to adjust the respective security deposits in the current consumption charges Page No.3 of 6
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.
4. With the above directions, these writ petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 03.10.2024 rap NCC : Yes/No Index : Yes/No Speaking Order : Yes/No Note to office: Issue order copy on 04/10/2024. Page No.4 of 6
To:
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.
Director Generation, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
4.
The Superintending Engineer, TANGEDCO, Coimbatore North Electricity Distribution Circle, Coimbatore.
5.
The Superintending Engineer, TANGEDCO, Coimbatore Metro Electricity Distribution Circle, Coimbatore.
Page No.5 of 6
M.DHANDAPANI , J.
rap 03.10.2024 Page No.6 of 6