M/S.Mahendra Feeds And Foods v. Tamil Nadu Generation And Distribution Corporation Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.10.2024 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.No.31385 of 2024 M/s.Mahendra Feeds and foods, Rep. By its Managing Partner, V.Palanisamy, Old. No.123-B, New No.2/320, Kadhapalli Road, Mudhalaipalli Road, Mudalaipatty Post, Namakkal.
... Petitioner Vs.
1. The Chairman and Managing Director, TANGEDCO, Anna Salai, Chennai-2.
2. The Chief Engineer, Non-conventional Energy Sources, TANGEDCO, 144, Anna Salai, Chennai-2.
3. The Chief Financial Controller/Revenue, TANGEDCO, Anna Salai, Chennai.
4. The Superintending Engineer, TANGEDCO, Namakkal Electricity Distribution Circle, Namakkal District.
5. The Superintending Engineer, TANGEDCO, 1/4
Chengalpattu Electricity Distribution Circle, Chengalpattu 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 petitioners user until 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 petitioners solar power plant HTSC. No.049534370052 is paid or give adjustment in the current consumption charges payable by the petitioner's user in HTSC No.099094110661 of Chengalpattu EDC till the entire amount is adjusted, based on the petitioner's representation dated 03.09.2024 sent to the second respondent within a time frame as may be fixed by this Court. For Petitioners :
Mr.S.Senthil For Respondents :
Mr.D.R.Arunkumar
ORDER
Considering the limited prayer sought for in the Writ Petition, the Writ Petition is taken up for disposal at the admission stage with the consent of the learned counsel appearing on either side.
2. The issue is no longer res integra. This Court had considered similar 2/4
matters and had directed the respondents to adjust the refundable security deposit. There is no dispute regarding the fact that all the petitioner has 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 respondent to adjust the security deposit 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 respondent 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.
4. With these directions, these writ petition is disposed of. No costs. 24.10.2024 rli Index : Yes / No Speaking order / Non speaking order Netrual Citation Case : Yes / No 3/4
M.DHANDAPANI, J.
rli To
1. The Chairman and Managing Director, TANGEDCO, Anna Salai, Chennai-2.
2. The Chief Engineer, Non-conventional Energy Sources, TANGEDCO, 144, Anna Salai, Chennai-2.
3. The Chief Financial Controller/Revenue, TANGEDCO, Anna Salai, Chennai.
4. The Superintending Engineer, TANGEDCO, Namakkal Electricity Distribution Circle, Namakkal District.
5. The Superintending Engineer, TANGEDCO, Chengalpattu Electricity Distribution Circle, Chengalpattu District.
W.P.No.31385 of 2024 24.10.2024 4/4