M/S.Strio Kaizen Hitech Research Labs Private Limited v. Tamil Nadu Generation And Distribution Corporation Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI M/s. Strio Kaizen Hitech Research Labs Private Limited, Rep. by its Authorised Signatory R.Shankar, No.5/3, Mahalaxmi Complex, Salem Road, Namakkal District-637 001.
...Petitioner in W.P.No.31854 of 2024
M/s. VRS Sun Power Private Limited, Rep. by its Authorised Signatory R.Shankar, No.2/440-1, Anbu Nagar-2, Chinnamudalaipattt, Namakkal District-637 003.
...Petitioner in W.P.No.31857 of 2024
M/s. SDS Sun Power Private Limited, Rep. by its Authorised Signatory R.Shankar, No.38, Saminathapuram South, Karur-639 001.
...Petitioner in W.P.No.31858 of 2024
M/s. Anithaa Weaving Mill Private Limited, Rep. by its Authorised Signatory R.Shankar, No.145-F6, Dr.T.G.N.Complex, West Car Street, Tiruchengode, Namakkal District-637 211.
...Petitioner in W.P.No.31859 of 2024
M/s. ARS Sun Power Private Limited, Rep. by its Authorised Signatory R.Shankar, No.102/96, Katcheri Street, Velur Road, Tiruchengode, Namakkal District-637 211.
...Petitioner in W.P.No.31861 of 2024
1/9
Vs.
1.
Tamil Nadu Generation & Distribution Corporation Ltd., (TANGEDCO), Rep. by its Chairman & Managing Director, No.144, Anna Salai, Chennai-600 002.
2.
The Chief Engineer, Non-conventional Energy Sources, Tamil Nadu Green Energy Corporation Limited, No.144, Anna Salai, Chennai-600 002.
3.
The Chief Financial Controller/Revenue, TANGEDCO, 7th Floor, East Wing, No.144, Anna Salai, Chennai-600 002.
4.
The Superintending Engineer, TANGEDCO, Pudukkottai Electricity Distribution Circle, Pudukkottai District.
...R1-R4 in all W.P's.
5.
The Superintending Engineer, TANGEDCO, Madurai-Metro Electricity Distribution Circle, Madurai District.
...R5 in W.P.No.31854 of 6.
The Superintending Engineer, TANGEDCO, Chennai North Electricity Distribution Circle, Chennai District.
...R5 in W.P.No.31857, 31858 & 31861 of 7.
The Superintending Engineer, TANGEDCO, 2/9
Namakkal Electricity Distribution Circle, Namakkal District.
...R5 in W.P.No.31859 of Prayer in W.P.No.31854 of 2024: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's user until the entire outstanding dues of Rs.10,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of petitioner's Solar Power Plant in HTSC No.069534460069 is paid or give adjustment in the current consumption charges payable by petitioner's user in HTSC No.059094630184 of the 5th respondent till the entire amount is adjusted, based on the petitioner's representation dated 31.07.2024 submitted to the 2nd respondent.
Prayer in W.P.No.31857 of 2024: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's user until the entire outstanding dues of Rs.30,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of petitioner's Solar Power Plant in HTSC No.069534460070 is paid or give adjustment in the current consumption charges payable by petitioner's user in HTSC No.019094041771 of Chennai North EDC till the entire amount is adjusted, based on the petitioner's representation dated 31.07.2024 submitted to the 2nd respondent.
Prayer in W.P.No.31858 of 2024: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's user until the entire outstanding dues of Rs.70,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of petitioner's Solar Power Plant in HTSC No.069534460066 is paid or give 3/9
adjustment in the current consumption charges payable by petitioner's user in HTSC No.019094041771 of Chennai North EDC till the entire amount is adjusted, based on the petitioner's representation dated 31.07.2024 submitted to the 2nd respondent.
Prayer in W.P.No.31859 of 2024: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's 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 petitioner's Solar Power Plant in HTSC No.069534460062 is paid or give adjustment in the current consumption charges payable by petitioner's user in HTSC No.049094370296 of Namakkal EDC till the entire amount is adjusted, based on the petitioner's representation dated 31.07.2024 submitted to the 2nd respondent.
Prayer in W.P.No.31861 of 2024: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's user until the entire outstanding dues of Rs.40,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of petitioner's Solar Power Plant in HTSC No.069534460063 is paid or give adjustment in the current consumption charges payable by petitioner's user in HTSC No.019094041771 of Chennai North EDC till the entire amount is adjusted, based on the petitioner's representation dated 31.07.2024 submitted to the 2nd respondent.
In all W.P's.:
For Petitioner : Mr.S.Senthil For Respondents : Mr.D.R.Arun Kumar COMMON ORDER 4/9
Since the issue involved in all these Writ petitions are similar in nature, they are disposed of by way of this common order.
2. Mr.D.R.Arun Kumar, learned counsel takes notice on behalf of the respondents. By consent, the writ petitions are taken up for final disposal at the admission stage itself.
3. When the matters were taken up for hearing, it was brought to the notice of this Court that, the issue involved in the present Writ petitions is no longer res integra and 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 regarding the fact that the petitioners have commissioned the power plant within the specified time and that they are entitled to refund.
4. In view of the same, there shall be a direction to the respondents to adjust the respective security deposit in the current consumption charges payable by the respective 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 5/9
communication to be made to the petitioners within a period of two weeks from the date of receipt of a copy of this order.
5. With the above directions, these Writ petitions are disposed of. No costs.
25.10.2024 skt Index : Yes/ No Speaking Order : Yes/ No NCC : Yes/ No To 1.
Tamil Nadu Generation & Distribution Corporation Ltd., (TANGEDCO), Rep. by its Chairman & Managing Director, No.144, Anna Salai, Chennai-600 002.
2.
The Chief Engineer, Non-conventional Energy Sources, Tamil Nadu Green Energy Corporation Limited, No.144, Anna Salai, Chennai-600 002.
3.
The Chief Financial Controller/Revenue, TANGEDCO, 7th Floor, East Wing, No.144, Anna Salai, Chennai-600 002.
4.
The Superintending Engineer, 6/9
TANGEDCO, Pudukkottai Electricity Distribution Circle, Pudukkottai District.
5.
The Superintending Engineer, TANGEDCO, Madurai-Metro Electricity Distribution Circle, Madurai District.
6.
The Superintending Engineer, TANGEDCO, Chennai North Electricity Distribution Circle, Chennai District.
7.
The Superintending Engineer, TANGEDCO, Namakkal Electricity Distribution Circle, Namakkal District.
7/9
M.DHANDAPANI, J.
skt 8/9
25.10.2024 9/9