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Madras High CourtWP/31473/2024disposed of with direction

Kalai Wind Energy v. The Chairman

2024-10-22Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.10.2024

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI W.P.NO.31473 of 2024 Kalai Wind Energy, No.S1, 3rd Floor, SCP Residence, B.V.B.Main Road, Thindal, Erode, Rep. By its Authorized Signatory K Iyappan ... Petitioner Vs.

1. The Chairman and Managing Director, No.144, Anna Salai, Chennai-2.

2. The Chief Engineer Non Conventional Energy Sources, TANGEDCO, 144, Anna Salai, Chennai-2.

3. The Superintending Engineer, Non Conventional Enerfy Resources, Tirunelveli Electricity Distribution Circle, Tirunelveli.

....... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to refund Rs.24,00,000/- payable to the petitioner towards IDC charges.

For Petitioners : Mr. S.Lakshmipathy For Respondents : Mr.D.R.Arunkumar

ORDER

The writ petitioner seeks a direction to the respondents to refund Rs.24,00,000/- payable to the petitioner towards IDC charges.

2. It is the case of the petitioner that the petitioner applied for establishment of 800 KW wind mill plant at Tirunelveli. The respondent has directed the petitioner to pay applicable charges and IDC charges of Rs.24,00,000/- and the same was paid to the respondents. However, due to obvious reasons, the petitioner could not establish the windmill plant, but the respondent has failed to refund the IDC charges even though the petitioner has made several representations. Hence, the present writ petition.

3. The learned counsel for the petitioner submitted that this Court may issue a directions to the respondents to consider and pass orders on the petitioners representation within the stipulated time as fixed by this Court.

4. The learned Standing Counsel appearing for the respondents submitted that the 3rd respondent will be considered and an appropriate orders will be passed on the petitioners representation within the stipulated time as fixed by this Court.

5. Heard the learned counsel for the petitioner as well as the learned Standing Counsel appearing for the respondents and perused the materials available on record.

6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this Court directs the 3rd respondent to consider the petitioners representation dated 25.07.2024 and pass appropriate orders

within a period of four weeks from the date of receipt of a copy of this order.

7. With the above directions, the writ petition stands disposed of. No costs. 22.10.2024 To

1. The Chairman and Managing Director, No.144, Anna Salai, Chennai-2.

2. The Chief Engineer Non Conventional Energy Sources, TANGEDCO, 144, Anna Salai, Chennai-2.

3. The Superintending Engineer, Non Conventional Enerfy Resources, Tirunelveli Electricity Distribution Circle, Tirunelveli.

M. DHANDAPANI .J.

rli W.P.NO.31473 of 2024 22.10.2024