M/S.Dhivakar Spinning Mills Pvt Ltd 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.31740 of 2024 M/s.Dhivakar Spinning Mills Private Ltd., Rep. By its Authorized Signatory, R.Shankar, No.45C, Chinnanallammai Thottam, Kannampalayam, Sulur Via, Coimbatore.
... Petitioner Vs.
1. The Chairman Tamil Nadu Electricity Board, Anna Salai, Chennai-2.
2. The Chief Engineer, Non-conventional Energy Sources, TANGEDCO, 144, Anna Salai, Chennai-2.
3. The Director Generation, TANGEDCO, Anna Salai, Chennai.
4. The Superintending Engineer, TANGEDCO, Namakkal Electricity Distribution Circle, Namakkal.
5. The Superintending Engineer, TANGEDCO, 1/4
Coimbatore Electricity Distribution Circle, Coimbatore 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.20,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioners solar power plant HTSC. No.049534370054 is paid or give adjustment in the current consumption charges payable by petitioner's user in HTSC. No.0390943501271 of Coimbatore Metro EDC till the entire amount is adjusted, based on the petitioner's representation dated 23.04.2024 submitted 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 these Writ Petitions, these Writ Petitions are 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 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 respective security deposits 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 these directions, these writ petitions are disposed of. No costs. 24.10.2024 rli Index : Yes / No Speaking order / Non speaking order Netrual Citation Case : Yes / No M.DHANDAPANI, J.
rli 3/4
To
4. The Superintending Engineer, TANGEDCO, Namakkal Electricity Distribution Circle, Namakkal.
5. The Superintending Engineer, TANGEDCO, Coimbatore Electricity Distribution Circle, Coimbatore District.
W.P.No.31740 of 2024 24.10.2024 4/4