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Madras High CourtWP/30926/2024disposed of with direction

M/S.Tvr Ventures Pvt Ltd v. The Chairman

2024-10-15Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI M/s.TVR Ventures Pvt. Ltd., Repd. by its Authorized Signatory C.K.Iyappan ... Petitioner Vs.

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, TANGEDCO, 144, Anna Salai, Chennai - 600 002.

4.The Superintending Engineer, TANGEDCO, Erode Electricity Distribution Circle, Erode.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to 1/4

issue a Writ of Mandamus forbearing the respondent and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner Group captive consumer Ms TVR weaving Mill HTSC No.049094260449 till the entire outstanding dues of Rs.30,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.059484500040 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.

For Petitioner : Mr.S.Lakshmipathy For Respondents : Mr.D.R.Arun Kumar

O R D E R

Mr.D.R.Arun Kumar, learned counsel takes notice on behalf of the respondents. By consent, the writ petition is taken up for final disposal at the admission stage itself.

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 at Rs.10,00,000/-. There is no dispute 2/4

regarding the fact that all the petitioners have commissioned the power plant within the specified time and that they are entitled to refund.

3.In view of the same, there will be a direction to the respondents to adjust the security deposit of Rs.30,00,000/- 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.

4.With the above direction, this writ petition is disposed of. No costs.

15.10.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 3/4

M.DHANDAPANI,J.

pri 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, TANGEDCO, 144, Anna Salai, Chennai - 600 002.

4.The Superintending Engineer, TANGEDCO, Erode Electricity Distribution Circle, Erode.

15.10.2024 4/4